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Hiotographic 

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33  WIST  MAIN  STRUT 

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Libtary  Division 

Provincial  Archives  of  British  Columbia 

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par  la  premier  plat  et  en  terminant  soit  par  la 
darniAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration.  soit  par  le  second 
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originaux  sont  filmAs  en  commenpant  par  la 
premiere  page  qui  comporte  una  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  darniire  paga  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUiVRE",  le 
symbols  V  signifie  "FIN". 

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filmis  A  des  taux  da  rMuction  diffArants. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich6,  il  est  film*  A  partir 
da  Tangle  supArieur  gauche,  de  gauche  A  droite 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'imagas  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

8 

6 

7f 


84tii  Coi 

1st  Ses 

hi  Yip 
37}' 


eytazi/uoest 
CoUectiorv 


Mr.  Ma 
refern 
article 
Queen 
Voth  a 
ted  tin 


I 


Sir  : 
Presidei 
mended 
between 
Tiossessii 

The  1 
mittee  0 
•wliich  ii 
will  sei 
appropr 
nianii'es 
in  .-.tan  t, 
'  1 

Hon. 

(Jh 


^ir: 
dressed 
cation  < 
possessi 


84tii  Congress, 
1st  Session. 


SENATE. 


Rep.  Com. 
No.  251. 


HWp 

,97i'7 

IN  THE  SENATE  OF  THE  UNITED  STATES. 


JuLT  20,  ISfiG. — Ordered  to  be  printed. 


Mr.  Mason  submitted  tlie  following 

I  REPORT: 

I 

I  [To  acronipany  Hill  S.  40.5.] 

31r.  Mason,  from  the  Committee  on  Foreign  Ilclafions,  to  ivhom  loas 
referred  the  ^^  Bill  {8.  405)  to  provide  for  carrying  into  effect  the  first 
article  of  the  treaty  hefween  the  United  States  and  her  Majestn  the 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  of  the 
Ibth  day  of  June,  one  thousand  eight  hundred  and  fifty -six,''  submit- 
ted, the  folloioi':  1  : 

^  DKPAKTiMENT  OF  StATE, 

9  Washington,  February  18,  1850. 

Sir  :  1  have  the  honor  to  invite  your  attention  to  that  part  of  the 
President's  last  annual  message  in  which  an  appropriation  is  recom- 
mended for  the  puri)Ose  of  surveying  and  marking  the  boundary 
between  the  Territory  of  Washington  and  the  contiguous  British 
possessions. 

The  letter  of  the  department  to  Mr.  Hunter,  chairman  of  the  Com- 
mittee on  Finance  of  tlie  Senate,,  of  tlie  15th  of  July,  1854,  a  copy  of 
-which  and  of  the  estimate  to  which  it  refers  are  herewith  enclosed, 
will  serve  as  data  for  the  appropriation.  The  ex])ediency  of  an 
appropriation,  without  any  dehiy  which  can  be  avoided,  is  further 
manifest  from  the  note  of  Mr.  Crampton  to  tlie  department  of  the  9th 
ini^tant,  a  copy  of  wliich  is  also  herewith  transmitted. 
i  I  have  the  honor,  &c., 

*  W.  L.  MAUCY. 

Hon.  Jamks  M.  Mason, 
i        Chairman  of  the  Committee  tm  Foreign  Jlelaiioiis,  Senate. 


i  Department  of  State, 

^  Washington,  July  15,  1854. 

Sir  :  I  transmit  a  copy  of  a  letter  of  the instant,  which  I  ad- 
dressed to  the  Secretary  of  the  Interior,  ui)on  tlie  subject  of  a  demar- 
,, cation  of  the  boundary  between  the  United  States  and  the  British 
■possessions  on  the  northwest,  pursuant  to  the  treaty  of  1846.     It  ii 


VlwTOflA  -  w. 


K»A, 


./ 


TREATY   BETWEEN    THE 


1 


understood  that  Governor  McClelland  rci'crred  the  letter  to  Mr.  Rober 
B,  ram])bell  ibr  an  estimate.  A  transcript  of  Mr.  Campbell's  lette  -  y} 
to  the  Department  of  tlie  Interior,  and  of  the  accompanying  estimatc^^^  ^*^. 
are  also  herewith  transmitted,  and  I  have  the  honor  to  request  thiP*^^^^  ^ 
an  appropriation  for  the  ])urpose  may  be  made  at  this  session  of  ConJ^orthw 
gress.  It  is  believed  that  a  sum  of  fifty  thousand  (kdlars,  in  additioi^^^n'V' 
to  that  mentioned  in  the  (.'stimate,  Avill  be  required  for  raarkingP^^^'*^^^!|* 
under  the  direction  of  the  (Joast  Survey,  the  line  from  tiie  middle  o^  t"^^' ' 
the  channel  which  separates  the  continent  from  Vancouver's  islan(P^*'^**^'^' 
and  thence  soutlierly  tlirough  the  middle  of  tlie  said  channel,  and  d*^^'  1^1^'^ 
Fuca's  Straits,  to  tlie  Pacific  ocean. 
r  have,  iSsc., 


AV.  L.  MARCY. 


Hon.  R.  M.  T.  Huntkii, 

Cliairman  of  tin;  (hmmltlee  on  Finance,  Seriate. 


spectnt 
posed, 
fore  in  I 
should 
market 
down  \ 
M  r. 
time  in 
felt  son 
the 


Washington,  Fehruary  9,  185f) 

Sir:  1  have  been  instructed  by  her  Majesty's  government  to  cal  .^'.^^' 
the  serious  attention  of  the  government  of  the  United  States  to  tlii™^'^''''**' 
unsatisfactory  and  hazardous  state  of  things  which  continues  to  exis  ^^^'^'^'•^ 
on  the  boundary  Avliich  divides  the  Territory  of  Washington  from  tli'  "^  *■  " 
British  possessions  occu])ied  by  tht-  Hudson's  l)ay  Conij)any;  am  f^l  ?" 
her  ]\Iaiestv's  government  direct  me  to  express  their  reuret  that  thei:  ,   '^\  ! 


ry  s  governmenr  direct  me  to  ('X[,.v.m.,  ...v...  ..^.v..  ..,>v..  ...v..  .  .  . 
re})eated  remonstrances  have  not  led  to  any  ineMsures  which  seem  ti  ^*. 
have  siuu'.eeded  in  rostrainiug  the  acts  of  the  authorities  of  that  q^.jv  ^ccou  i 
ritorv  ^^  •■'"' 


T 


o    1 

imnied 
States 
design; 
It  hi 


I  have  already  had  the  honor  of  addressing  your  department  (in  r, 
note  to  ]\Ir.  Hunter)  on  the  2Tt]i  of  duly  last,  respecting  the  depreda 
tioiis  committed  on  the  ])roperty  of  the  Hudson's  Bay  ('ompany  ii 
tlie  island  of  San  Juan,  by  My.  l^lllis  llarnes,  sherilf  ot'  Whatcoii 
county,  Washington  Territory,  in  virtue  of  an  alleged  claim  for  taxt^  „  ^^  "' 
diU!  to  the  authorities  of  the  Territory  :  and  I  have  now  the  honor  !■  *^^"U; 
enclose  the  copy  of  a  further  letter  from  tfe  governor  of  the  Hudson': 
Bay  Company,  together  with  aceoiiipanyiug  (loeunients  in  regard  f' 
the  same  matter — from  which  it  apjiears  that  no  reparation  wliatevc 
has  been  made  to  that  eoinpany  for  tjic  heavy  losses  which  they  in 
curred  on  that  oceasjori. 

Veil  will  at  once  perceive,  sir,  that  the  <K'eurrenc(!  in  (juestion  ha 
arisen  out  of  the  eoullietiii:^'  elaiins  ol'  the  niitliurities  ot  Vancouver' 
Island  and  of  ^\^'lslliugtou  Territory  to  the  jurisdiction  of  the  islam 
oi'  San  diian,  as  a|>pertaining,  under  the  piovisions  of  the  treaty  hv 
tween  (ireiit  I'i'itain  and  the  United  Sliitts,  of  iSjCi,  lo  (lie  (huninioi; 
of  their  respective*  ,';()veruipents. 

San  duaii  is  one;  of  tlu'  small  islands  lying  in  (he  gulf  ol'  (jleorgia 
between  Vancouver's  island  aiul  the  main  land,  and  the  question  wliiel 
lias  arisen  between  the  part'es  rigards  the  position  of  the  ciianm 
thveiigli  the  middle  of  which,  by  the  provisi(uis  of  the  treaty  of  ISIf 
the  boundary  lint;  is  to  be  run. 


com  mi 

merit  o 

matter 

Shot 

met  by 

or  del 

both  g 

chanu 

that  tl 

small 

incliid 

siderei 

the  ex 

that  h 

island 

is,  ace 

extrei 


J 


ry'd,  1856. 


'  UNITED   STATES    AND   GREAT    RRITAIN.  3 

to  Mr.  Rober 

npbcU's  lette  '  I"  *'^*^'  early  part  of  1848  I  had  the  honor,  by  the  instructions  of 
riDf  estimatcher  Majesty's  government,  to  propose  to  tiie  government  of  tlie  United 
)  request  thaStatea  to  name  a  joint  commission  ibr  tlie  j)urpose  of  making  out  the 
ession  of  CoiiJiorthwest  bounihiry,  and  more  j)articularly  tliat  part  of  it  in  the 
•s,  in  additioi^^'o^^^*'^''^^'^'^'^  of  Vancouver's  island;  in  regard  to  whicli,  as  you  will 
for  markin"P^^^'^^^'^'  from  a  reference  to  my  note  of  tlie  13th  January  of  that  year 
the  middle  o*®  ^^^^  honorable  James  liachanan,  tlie  Secretary  of  State  of  the  United 
uver's  island^tates,  her  Majesty's  government  already  foresaw  the  jiossibility  ot 
annel,  and  o*^^'  oecurrence  of  misunderstanding  between  the  settlers  of  the  re- 
spective nati(»ns;  and  her  Majesty's  governmenl,  moreover,  then  pro- 
posed, in  order  at  once  to  preclude  such  misunderstandings,  that  be- 
MAiwOY.  f<^^'^  instructing  their  respective  commissioners  the  two  governments 
should  agree  to  adopt  as  the  "channel"  designated  by  the  treaty  that 
marked  l)y  Vancouver  in  his  charts  as  the  navigable  channel,  and  laid 
down  with  the  soundings  by  that  navigator. 

.Air.  I'uchanan,  entirely  (;oncuri-iug  in  the  expeiliency  of  losing  no 
time  in  determining  that  ])ortion  of  the  lH)undaiy  line,  nevertheless 
felt  some  objection  to  adopting  the  channel  markt'd  by  Vancouver  as 
the  "channel"  designated  by  the  ti'caty,  in  the  absence  of  more  accu- 
nment  to  cal  ^*''^^'  ge()gra}>hical  information;  and  he  suggesteil  that  the  joint  eom- 
States  to  tln™'''^^'**"'^''''^  when  appointed  should  be.  in  the  first  ])lace,  instructed  to 
inues  to  exis  survey  the  region  in  <piestion  for  the  purpose  of  ascertaining  whether 
'ton  from  tli.  *^^^  channel  marked  by  Vancouver,  or  some  oth(M-  chauKel  as  yet  un- 
niiianv  .im  6X])Iore(l  between  the  ninnerous  islands  of  the  gidf  of  (xeorgia,  slujuld 
et  that'thci'^^  adojited  as  the  channel  designated  ])y  tin;  treaty,  or,  in  other  words, 
vliicli  seem  ti  should  be  found  lo  be  the  main  channel,  through  the  middle  of  which, 
of  that  Ter  ^-ceordiiig  to  the  generally  admitted  principle,  the  boundary  line  should 

be  run. 
artment  fin  r      '^'^^  ^'^''"^  suggestion   her    M.ijestys  government,   in  tin;  lioj)o  that 
the  deni-eda^'^"'^'*^'''^^'  '"'''^'^'•i''''''  would  be  taken  by  the  government  of  the  United 
t/omiianv  ii  States  to  nnniecommissioners  to  ]>roceed  to  the  s{iot  with  those  already 
of  Whalcoii  designated  by  the  r>ritish  government,  made  no  objection, 
aim  for  taxc       ^^  ^^'^^  been  a  sul)jiK't  of  regret  to  her   Mitjesty's  government  that, 
tlu'  honor  I'  ^'om  causes  upon  which  it  is  unnecessary  to  dwell,  no  a])pointment  of 
llie  I I|](i,^(,f,\  commissioner  has,  uj)  to  the  ])reseiit  time,  been  made  by  the  govern- 
in  re-'ard  f   "if^i^^^  <•'  ^^»^' T^"ited  States,  and  lam  now  instructed  again  to  ])ress  this 
mattiM'  on  their  eariu^st  attention. 

Should  it  appear  probable,  however,  that  this  |>roposal  cannot  be 
met  by  the  government  of  tin!  United  States  without  further  dilliculty 
or  delay.  1  woidd  again  suggest  the  ex[iediency  of  the  ado])ti()n,  by 
both  governments,  of  the  channel  marked  as  the  only  known  navigable 
channel  by  \'ancouver  as  that  designated  by  the  treaty.  It  is  true 
that  the  island  (•!  San  Juan,  and  ]ierhaps  some  others  of  the  group  of 
small  islands  by  which  the  bay  of  (Jeorgia  is  stu<hled,  would  thus  be 
included  within  iJritish  territory;  on  the  other  hand,  it  is  to  be  con- 
sidered that  the  islands  in  question  are  of  very  snuiU  value,  and  that 
the  existence  ol'  anothei"  navigable  channel,  broader  and  deeper  than 
that  laid  down  by  Vancouver,  by  the  adoption  of  Avhich  some  of  those 
islands  might  ])ossibly  fall  within  the  jurisdiction  of  the  United  States 
is,  uc(U)rding  to  the  rej)orts  of  the  most  recent  navigators  in  that  region, 
extremely  ini])robable;  while  on  the  other  hand,  the  continued  exist- 


ion  wliatevc: 
Iiich  they  in 

"luestion  lui- 
\'aneonver' 
'I'  the   isIaiK; 
he  t  leaty  bf- 
le  (!omilli(;i! 

<ii'  (jJeorgi;! 
estion  wliicl 
the  ciianm 
•aly  (if  18 If 


1 


i);'»h:«;» 


4  TREATY    BETWEEN    THE 

ence  of  a  question  of  doubtful  jurisdiction  in  countries  so  situated^pu  sa 
Washington  Territory  and  Vancouver's  Island  is  likely  to  give  riscitish  Tsi 
a  recurrence  of  acts  of  a  similar  nature  to  those  to  which  I  have  I13  Archi 
the  honor  of  calling  your  attention,  and  which,  I  have  no  douony,  a 
would  not  he  less  deplored  by  the  government  of  the  United  Stagers  of 
than  hy  that  of  Great  Britain.  3  Britis 

I  avail  myself  of  tliis  opportunity  to  renew  to  you,  sir,  the  assiThe  ac 
ance  of  my  high  consideration. 


H 


on, 


W.  L.  Makcy,  <t-c..  dx'.,  th 


e  lurisi 
JOHN  K.  CRAMPTON  ry  of  \\ 

they 
The  0A\ 
June 
possess! 
The  (•<- 
•bates 
Olympia,  Washin(;ton  Tkiiritoiiy,  q  \)onn 

Execidluc  Ojjia;,  Afay  12,  1855. ^(j  the  ( 

Sill :  I  have  tlie  honor  to  acknowledge  tlie  receipt  of  your  comii;  plainly 
nication  of  April  20,  in  which  you  state  tliat  information  lias  heter,  to 
received  by  you  to  the  elTect  that  an  armed  party  of  American  ciinuary 
zens,  ostensibly  acting  under  the  direction  ol'a  peison  named  Barndand  a 
Avho  stvles  himself  sherilf  of  Whatcom  countv,  landed  on  the  isbiie  boun 
of  San  Juan,  and  demanded  from  Cliarles  (iriffin  certain  moneys  The  m 
})ayment  of  taxes,  on  behalf  iind  in  the  name  of  tlie  United  Statestn,  and 
America,  "  a  demand  which,  as  a  British  suliject,  acknowledging  iree  ye 
authority  except  that  emanating  from  his  own  government,  he  refusad  hyd 
to  pay;"  that  Mr.  Barnes  and  his  followers  ■'  abstracted  a  number  le  Cans 
valuable  sheej),  and  that  u])on  Mr.  (friflin  demanding  restitution  ijparatei 
was  menaced  with  violence,  and  put  in  danger  of  his  lil'e."  I  shal 

Of  the  matters  detailed  by  you  I  have  no  oflicial  information  saication 
from  your  communic^ation.  It  is  known,  however,  that  ^Ir.  Barnes  tates,  fi 
the  sheriff  of  Watcom  county.  ope  tlu 

You  further  state  that  vou  have  called  mv  attention  to  the  saiiieling  a 
for  the  purpose  of  ascertaining  "if  the  said  ^Ir.  IJarnes'  i)roccedini  1 

were  in  that  instance  authorized  or  sanctioned  in  any  manner  by  tl 
executive  officer  of  Washington  Territoiy."' 

The  sheriffs  of  the  various  counties  come  under  the  supervision 
the  executive  in  the  exercise  of  the  pardoning  power,  and  in  the  ini 
of  a  resistance  of  the  laws.     They  act  under  certain  prescribed  law 
and  to  these  laws  they  are  resjionsible  foi-  the  prp[)er  discharge 
their  duty. 

By  the  act  of  the  legislative  assembly  of  the  Territory  of  Orego 
previous  to  the  sejiaration  therel'rom  I'rom  the  Territory  of  Washin 
ton,  the  boundary  line  as  between  the  two  governments  was  held 
run  through  the  Canal  de  Arro,  and  liy  the  act  of  the  legislativosses  i 
assembly  of  the  Territory  of  Washington  "  to  organize  the  county  violent 
Whatcom"  the  island  of  San  Juan  is  included  within  the  bounds  ii)08Be  0 
that  county.  The  sheriff  in  proceeding  to  collect  taxes  acts  under  from  tl 
law  directing  him  to  do  so.  Should  he  be  resisted  in  such  an  attempment  c 
it  would  become  the  duty  of  the  governor  to  sustain  him  to  the  fiibf  Am 
force  of  tlie  authority  vested  in  him.  Tha 


HisI 


Sik: 


UNITED    STATES    AND    GREAT   BRITAIN. 


-'s  SO  situatedypu  say  "  tlio  island  of  San  Juan  has  been  in  the  possession  of 
y  to  give  riscjtjgi^  Subjects  for  many  years,  and  it  is,  with  the  other  isUmds  in 
Inch  I  have  [3  Archipelago  de  Arro,  declared  to  he  within  the  jurisdiction  of  the 
have  no  douony^  and  under  tlu'  protection  of  British  laws.  1  liave  also  the 
'   ^  J  lilted  Stalers   of  lun-  Majesty's  ministers  to   treat  those  islands  as  part  of 

3  British  d(jniinions." 
sir,  the  assiThe  acts,  l)efore  referix'd  to,  have  declared  these  islands  to  he  within 

e  jurisdiction  formerly  of  the  Territory  of  Oregon,  now  of  the  Terri- 
.•KAMPTOISV[.y  of  Washington;  and  the  general  laws  of  those  Territories,  so  far 

they  may  he  applicable,  have  thereby  been  extended  over  them. 

The  ownershi])  remains  now  as  it  did  at  the  execution  of  the  treaty 
June    11,    ]HAi\,  and  can  in    nowise  be   att'ected  by  the  alleged 

possession  of  British  subjects." 

The  contemiioraneous  exposition  of  the  ti'eaty,  as  evinced  by  the 

ibates  in  the  Tnited  States  Senate^,  shows  the  Canal  de  Arro  to  be 

e  boundary  line,  as  understood  by  the  United  States  at  that  time, 


roiiY, 


lo/j  1-,  18oi),^^  ^],(3  tloubt  of  the  British  government  as  to  any  claim  beyond  that 

)1  your  comii: plainly  manifested  by  the  note  of  Mr.  C'ramptoii,  the  British  min- 

iition   lias  biter,  to  Mr.  Ibiclianan,  Secretary  of  State  of  the  United  States,  dated 

American  ciinuary   lo,   1818.     Indeed,  on  Arrowsmith's  map  of   Vancouver's 

named  Bariiiland  and  the  adjacent  coast,  })ublished  in  London,  April  11,  1849, 

d  on  the  isliiie  boundary  line  is  laid  down  as  coming  through  the  Canal  de  Arro. 

aiu  moneys   The  ma])  is  com}>iled  from  the  surveys  of  A^mcouver,  Kellet,  Simp- 

juited  Statestn,  and  others,  and  W(Mild  seem  to  establish  that  even  as  late  as  some 

:nowleilging  :iree  years   subse(|uent  to  the  treaty  the  great  English  navigators 

lent,  he  refuf^ad  hydrogra})lii!rs,  as  well  as  the  American  government,  considered 

ed  a  number  le  Canal  de  Arro,  as  in  the  terms  of  the  treaty,  the  channel  which 

?  restitution  ijparates  the  continent  i'rom  Vancouver's  Island. 

'e.  '  I  shall  taice  the  earliest  opportunity  to  send  a  copy  of  your  commu- 

lormation  saication  and  of  this   lejily  to  the  Secretary  of  State  of  the  United 

t  Mr.  Bariu}states,  and  in  the  meantime  I  have  to  re('ii)rocate  most  earnestly  your 

ope  that  nothing  may  occur  to  inteifere  with  the  harmony  and  goojl 

on  to  the  saii3eling  which  should  cliaracterize  the  relations  of  neighboring  States. 

.\s'  })roccediii: 

manner  bv  tl 


ISAAC  L  ST^:VE^'S, 


su[)ervisu)n 
md  in  the  en 
•escribed  law 
I"  disehai'ire 


I  have,  i^'C. 

(rovernor  irashington  Territory. 
His  Excellency  J.  Douglas,  Es(j[.,  (h\ 


ny  of  Orego: 

i  of  Washiiii  I^'oi^'''  Victoria,  September  '28,  1855. 

ts  was  held  i  Sik  :  1  have  the  honor  of  enclosing,  herewith,  a  statement  of  the 
file  legislativ esses  incurred  by  the  Hudson's  Bay  Company,  in  consequence  of  the 
the  county  violent  and  unlawful  intrusion  of  Sheriif  Barnes_,  with  the  armed 
the  l)ounds  ii)08Be  of  Whatcom  county,  and  the  forcible  seizure  and  carrying  away 
N  acts  under  from  the  island  of  San  Juan  of  certain  valuable  stock  sheep,  in  pay- 
!h  an  attempment  of  taxes  levied  on  behalf  and  in  the  name  of  the  United  States 
im  to  the  i'lijf  America. 

That  unwarrantable  act  was  committed  on  the  30th  day  of  March 


I 


6 


TREATY    BETWEEN    THE 


u\ 


last,  to  the  surprise  of  the  British  inhahitants,  who  were  threati  ^,^nny 
with  violence  and  put  in  danger  of  tlieir  lives  by  Sheriff  Barnes,  ^     ^j 
his  followers.     Under  those  alarinin<]j  circumstances  all  business    ..,/ ^^^ 
for  the  time  suspended,  and  the  ilocks  dispersed  and  driven  into.     jjy,ii(,\i 
woods  for  safety,  to  the  serious  loss  and  detriment  of  the  Br,  .  .   /,.  ^ 

inhabitants.  ^      ^         ..,..,  ,  •      ,      •  i   riven  int 

In  my  communication  of  7th  May  hist,    I    transmitted   witfi  .i      ^,^^^^^ 
Griflin's  report  a  copy  of  a  letter  which  I  addressed  to  tlie  govi:___ 
of  Washington  Territory  in  respect  to  the  outrage  committed    -jj^ofl'tiv 
Sheriff  Barnes  on  that  occasion,  and  I  now  herewitli   forward 
answer  to  that  communication,  for  the  ]_)urpose  of  establishing  tlic:*^**'^  ^<i\\i\\ 
through  the  avowal  of  (jovernor  Stevens,  that  "Mr.  l-Jarnes  is'fjjg^er'riiin 
sheriff  of  Whatcom  county,"  and  tliat,  as  such,  he  wouhl  have  Wino  rams, 
supported  by  the  whole  authority  of  the  executive  in  tlie  act,  as      .     ^^^ 
Stevens  further  declares  that   "^it   would    become  the  duty  of  driven  int( 
governor  to  sustain  him  to  the  full  force  of  the  authority  vestci  ■o"il"'"^^'" 
him  in  proceeding  to  coUect  taxes,  should  he  bo  resisted  in  «ucli^"^"|,i'*,")!^ 
attempt,"  even  on  the  island  of  San  Juan  ;  and  the  reason  givei  Glieviot  in 
defence  of  siicli  a  course  on  the  [)art  of  the  governor  is,  that  "  hv  |^^"" l'^*^''""^^ 
of   the    legislative    assembly    of    the    Territory    of   Washington 
organize  the  county  of  Wliatcom,  the  island  of  San  Juan  is  incbiostof  coiu 
within  the  bounds  of  that  county."     It  ap[)earH  by  that  t'xt'-ac®  °|.  ^[,,.'"^ 
Governor  Stevens'  letter  that  he  takes  for  granted  that  the  acts  ot  of8  lucn 
legislative  assembly  of  the  Territory  of  Washington  confers  on   6d.  p'^r'ii' 
United  States  a  substantial  right  to  that  ]iart  (^i'  the  ])ritish  dominii '  quenCc  ot 
and,  moreover,  that  enforcing  the  ])aymeut  of  taxes  h^vied  on  be! 
of  the  United  States  on  British  subjects  there  residing,  is  a  part  of 

{)roper  duties  of  the  executive  officer  of  tliat  government — a  princi — 

which  I  conceive  to  be  false  and  dangerous  in  its  operations.  \^^^  Ji  as, 

imount  of  damages  claimed  from  the  United  States,  as  ;t  i.yi.y\)^ 
,erve  by  Mr.  (xriffin's  statement,  is  £2,1)90  lv5s. — a  moder  i +^^,^1  ] 


T( 


will 

^'stiinate  of  the  losses  inflicted,  and  much  less  than  a  court  of 
would  in  sucli  cases  award  to  the  sufferers. 
1  liave,  tKrc, 

J.  DOUULAl^ 
W.  J.  Smith,  Esq.,  do.,  dc,  dc. 


My  liOi 
Ith  and 
ugust  2 
ived  fro 
I'ia,  Soi 
.  the  Hi 
nited  i:^ 

)py  of  t 

teveiis, 
have  to 
fnited  S 
ct8  of  f 

Earl  0 


hvero. 


UNITED    STATES    AND    GREAT    BRITAIN.  7 

fh  »  .■cfn-cnl  and  luduatiun  of  .sheep,  the  property  of  the  Hudson's  Bay 
l"rlff  ]^'i  'ompany,  forcibly  seized  and  carried  qtf  on  March  30,  1855,  by  Ellis 
ill  hiis'  ['cLfnes,  she.rij)'  of  IV  hat  com  county,  f  Washington  Territory,  aided  and 
(IrivpT  *  f  5«is^c(/  by  the  armed  posse  of  said  county,  in  the  name  and  behalf  of 
of  f,li  Ti***^  United  States  of  America  ;  and  of  losses  resultinij  from  the  vio- 
^'■nt  acts  of  the  said,  Ellis  Barnes,  in  conseffuence  of  the  /locJcs  being 
ittofl       ■<■!   *'*^^'*^  *'^^^  ^'^''  "'oorZ.s  and  there  destroyed  by  beasts  of  prey,  and,  through 

to  tl.e^vc:^"  ^'"^"^*-     

committed    .,«.,„,     a- n  i  rwi  . 

,1      r,  ,.rrica  on  hv  ftlierin  JJarnos  and  posse  ot  VVhateoni  county  : 

til   forward 

lishii)(r  tile  hoice  Soutliduvvn  ranis,  at  -6':2() 

P.1  rn o«    1*  .  eviot  rams,  at  at"i() 

I  •  J /•/'  "G"''    I'Vicester  rams,  at  ^'25 

|olll(l    have   lerino  rams,  at -I'ri;") 

the  act,  as      .       „   ,  ...  ,•..«.     i     ■      k 

1     ,  ;        .  umber  ot   sIil'(;|>  missing   in  oonsecjucneo   ot    ttu'   tloclts    haviiii^   been 
U'    auty    of   driven  into  the  woods  : 
lOritv  VCStC'i  -outtidown  ewes,  at  3.').s-.  4(/ 

tod  in  sucli?;r^'''\"''''''*''''l^^^^^^^^^      

.        Cheviot  ewes,  at  .J.is.  4'i 

■eaSOll    givt'l  Glieviot  lambs,  at  Lis 

S,  that  '■'  ljvl''ei<  ester  ewes,  at  '.V.h.  Ad 

Wasliingto'n'^"''""  "''"'• '''•'"'•  *"' 

lan    IS    inclliost  of  collecting  and  resorting  tloeks  : 

that    ('Xtr'lc®  "'"  '"  '"^"  ^'"^  *^  'biys,  at  IL's.  G(/.  j)er  diem 

,    ,1  *       '     a  of  sleaiii  vessel  Heaver  tor  protection  of  property  niidisr  my  charge.  .. . 

llie  a(;r.S  or  of  8  inen  for  8  days,  hired  to  protect  tile  property  in  my  charge,  at  Via. 

confers   on    6d.  per  diem ,  .... 

tifh  ,]/-.».,:„•  identiil  losses  tlirouirli  deranoement  and  suspension  of  business  in  conse- 
tlMi  aomini.  .^.  „f  si„,riti-  names'  violent  acts.. 

Vied  on  bcl 

,  is  a  part  of  'f""^''' 

nt — a  princi   —  - - 

itions  •     ^"  ^'i''l"^s  J. 

4    f  '***  •'^'^'''  •^"'J'  ^'''  '^•''•''' 

!>,     .s  ij  }jj.j.y|,y  c^ii.fify  i\xii\,  this  is   tlie  sio;natiire  of  Charles  John  Griffin, 

,     ,.  ,a  that  he  is  a  person  worthy  ol  credit. 
^"'•^  *'*  '  '  JAMES  DOUGLAS, 

■  Governor  <f  Vancouver  s  fslnnd. 

DOUGLAkM  


d 

,S' 

(1. 

240 

0 

0 

1(1(1 

0 

0 

If)!) 

1) 

0 

200 

0 

a 

2ti0 

0 

0 

47 

0 

0 

143 

() 

8 

17 

5 

0 

41 

13 

4 

141 

8 

0 

50 

0 

0 

500 

0 

l» 

10 

0 

0 

I,UO() 

0 

0 

2,!)90 

13 

0 

.  GRIFFIN. 

s. — a 
a  eo 


Hudson  I>ay  Hoi.-k,  December  (i,  1855. 

My  [jOud:  Witli  rc^ference  to  the  depiiiy  governor's  letters  of  the 
1th  and  24th  of  July,  and  Mr.  Hammond's  replies  of  July  KUh  and 
ugust  2(1,  J  have  now  the  honor  to  enclose  a  co))y  of  Ji  letter  just  re- 
ived fi-oiii  Mr.  Douglas,  governor  of  Viincouver's  isliiiid,  (hited  Vie- 
ria,  SepleniltiM'  2S,  1855,  covering  an  Jiccoiint  of  the  (hmiage  caused 

»  the  Hudson's  I'tiy  (,'onii>finy  by  the  unjustiliahle  proceeilings  of  the 
nited  States  authcwitles    in    the  isle  of  f^an   duan,  together  with   a 

)py  of  the  further  eoi  respondeiiiH-  on    the  subject  between   Mr.  Isaac 

tevens,  governor  of  Wasliingtun    'IV'rritory,  and  Governor   Douglas, 
have  to  lieg  tliat  your  lordship  v.ill  call  upon  the  government  of  the 

fnited  States  to  reimburse  the  Hudson's  l)ay  ('ompany  for  the  illegal 

cts  of  their  ofheers.  I  have,  c^jc, 

A.   COLVILI'],  Oovernor. 
Earl  of  Clahkndon,  K.  G.,  tbc,  d'c,  tt'c. 


s 


!  ' 


iL 


9 


[  335  ] 


18  and 
chases  of 
ry  of  the 
e  Rocky 

mentions 
and  says, 
lant  inte- 

;o  of  the 
was  inti- 
e  Wash- 
y  the  In- 
lonversa- 
:en  of  the 
Vashing- 

head  of 
f  a  river, 

the  ex- 
posed to 
1  no  per- 

ted  with 
purchase 
ongress 
re  situa- 
ler  lands 
isactions 
illy  take 

es  south 
)  Gray's 

northern 
he  opin- 
hased  of 
3  British 

1  Boston 
for  the 


;y  of  New 
signed  by 

y  of  Sep- 
Secretary 

eptember, 
s  Lovel', 


sums  •* 
a  ;  that 
ries  on 


I 


the  northwest  coast,  which  redounded  to  the  glory  of  their  country  ; 
and  as  the  result  thereof,  our  government  has  sustained  successfully  its 
claims  to  millions  of  acres  of  lands  which  border  on  the  Pacific  ocean,  and 
that  their  investments  resulted  in  a  ruinous  loss  to  those  who  engaged  in  the 
enterprise.     (See  Ingraham's  Journal,  vol.  i,  p.  2,  vol.  iv,  p.  180.) 

It  has  already  been  stated  that  the  Spaniard  Heceta  in  1775  saw  an  en- 
trance in  latitude  46"^  16',  south  of  the  promontory  he  calle.!  St.  Roque,  and 
supposed  there  might  be  a  river  or  harbor.  In  1788,  John  Meares,  in  the 
Felice  from  Macao  made  an  attempt  to  discover  it,  as  will  appear  from 
the  account  of  his  voyage,  page  167,  London,  1790.     He  says: 

"  After  we  had  rounded  the  promontory  a  large  bay,  as  we  had  imagined,  opened  to  our 
Tiew,  that  bore  a  ^ery  promising  appearance,  and  into  which  we  steered  with  every  encourag- 
ing expectation.  As  we  steered  in,  the  water  shoaled  to  nine,  eight  and  seven  fathoms, 
when  breakers  were  seen  from  the  deck  right  ahead,  and  from  the  masthead  they  were  ob- 
served to  extend  across  the  bay ;  we  therefore  hauled  out,  and  directed  our  course  to  the 
opposite  shore  to  see  if  there  was  any  channel,  or  if  vre  could  discover  any  port.  The  name 
of  Cape  Di.sappoivtment  was  given  to  the  promontory,  and  the  bay  obtained  the  title  of 
Deception  bay.  By  an  indiflerent  meridian  observation  it  lies  in  the  latitude  of  46°  10' 
north,  and  in  the  computed  longitude  of  235°  34'  east.  We  can  now  with  safety  assert  that 
there  is  no  such  river  as  that  of  Saint  Roe  exists,  as  laid  down  in  the  Spanish  chart'!.'' 

Vancouver,  in  1792,  April  27,  examined  this  portion  of  the  coast  with 
Meares's  description  before  hit  :,  but  so  formidable  were  the  breakers  and 
shoal-waters  that  he,  not  considtring  this  opening  worthy  of  more  atten^ 
Hon,  continued  his  pursuit  to  tlie  northwest.  On  the  afternoon  of  the  29th, 
the  next  day  but  one,  he  met  the  American  ship'Columbia,  commanded  by 
Mr.  Robert  Gray,  belonging  to  Boston,  whence  she  had  been  absent  nine- 
teen months.  Her  Captain,  Gray,  informed  hmi  of  his  having  been  ojf 
the  mouth  of  a  river  in  the  latitude  46°  10',  where  the  outset  or  reflux 
was  so  strong  as  to  prevent  his  entering  for  nine  days.  "  This  was  proba- 
bly," adds  Vancouver,  in  his  journal,  '-the  opening  passed  by  us  on  the 
forenoon  of  the  27th ;"  and  as  if  determined  to  put  on  record  his  confi- 
dence in  his  own  superior  sagacity,  and Jiis  discredit  of  the  observations  of 
the  American  captain,  he  says  : 

"  It  must  be  considered  as  a  very  singular  circumstance,  that  in  so  great  an  extent  ol 
seacoast  we  should  not  until  now  have  s«en  the  appearance  of  any  opening  in  its  shores 
which  presented  any  certain  prospect  of  affording  shelter,  the  whole  coast  forming  one  covi- 
pact,  solid  and  nearly  straight  barrier  against  the  sea." 

But  the  interview  with  the  British  commander  served  not  to  discourage, 
but  to  arouse  the  energy  aud  spirit  of  the  American  captain,  who  returned 
to  the  dangerous  opening,  resolved  to  enter  it  and  brave  its  perils.  The 
annals  of  commerce  can  show  but  few  instances  of  similar  perseverance 
and  daring  on  the  part  of  a  merchant  captain.  It  required  more  than 
common  resolution  to  be  the  first  to  hazard  life  and  property  in  that 
imknown  solitary  wilderness  of  breakers,  reefs  and  shoals,  not  for  the  sake 
of  pecuniary  reward,  but  to  discover  and  make  known  to  the  civilized 
world  the  existence  of  a  mighty  river,  which  had  for  ages  rolled  in  undis- 
turbed solitude  through  an  unknown  portion  of  the  globe. 

Captain  Wilkes,  in  his  valuable  narrative,  vol.  iv,  p.  313,  says : 

"  Mere  description  can  give  little  idea  of  the  terrors  of  the  bar  of  the  Columbia.  All 
who  have  seen  it  have  spoken  of  the  wildness  of  the  scene,  the  incessant  roar  of  the  waters, 
representing  it  as  one  of  the  most  fearful  sights  that  can  possibly  meet  the  eye  of  tho 
sailor."  , 

From  the  log-book  of  the  ship  Columbia  it  appears  that  Captain  Gray 


Mi 


[  335  ] 


10 


stood  in  for  the  shore  May  71  h,  1792,  and  beat  about  among  the  breakers, 
&c.,  till  about  noon  of  the  11th,  "  lohen  we  -were  over  the  bar  v:c  found 
this  to  be  a  river  of  fresh  water,  t'p  which  we  steered.'^  Extracts  from 
this  log-book  are  published  in  House  report  No.  213,  19th  Congress,  1st 
session,  p.  7;  also  report  No.  lOJ,  2-5th  Congress,  8d  session,  p.  47-8-9, 
and  Senate  document  174,  2r)tli  Congress,  1st  session,  p.  12o,  from  which 
it  appears  that  Captain  Gray  sailed  up  this  river  about  fourteen  miles,  and 
remained  in  it  until  the  morning  of  the  21st  May.  He  named  it  Columbia, 
after  ihe  name  of  his  ship.  The  north  site  of  the  entrance,  which  Meares 
called  Cape  Disappointment,  he  gave  the  name  of  Cape  Hancock!  the  south, 
^dams  Point.  In  the  log-book,  under  date  of  ''Tuesday,  May  lo,"  we 
read  :  "At  10  a.  m.,  unmoored  and  dropped  down  with  the  tide  to  a  bel- 
ter anchoring  pl'^ce.  Smiths  and  other  tradesmen  constantly  employed. 
In  the  afternoon  Captain  Gray  and  Mr.  Hoskins  in  the  jolly  boat  went  on 
shore  to  take  a  short  view  of  the  country."  We  find  upon  the  north  side 
of  the  river,  Gray^s  Bay  and  Gruy's  Point  laid  down  in  our  government 
surveys.  In  the  correspondence  submitted  we  have  the  declarations  of  the 
officer  of  the-  Columbia  who  first  landed,  that  he  recollects  hoisting  the 
American  flag  and  planting  some  New  England  pine-tree  shillings  under  a 
tree. 

Your  committee  have  had  before  them  the  original  day-book  in  which 
entries  were  daily  made  of  the  articles  of  traffic  disposed  of,  under  the  dates 
of  the  transactions,  and  the  points  touched  at  by  the  ship.  These  entries 
arc  found  to  corroborate  the  log-book  and  the  history  of  that  discovery. 
The  merit  of  this  discovery  cannot  be  disputed.  The  geographers  of  the 
world  have  adopted  the  name  which  Gray  gave  to  it.  Vancouver  at  last 
(p.  388 — 393)  fully  admitted  the  discovery,  and  admits  that  he  is  indebted 
to  Captain  Gray  for  charts  of  this  latitude. 

Your  committee  have  also  had  submitted  to  them  an  original  map  of  the 
northwest  coast,  by  John  Hoskins,  supercai-go  of  the  ship  Columbia,  bear- 
ing date  1791  and  1792,  upon  which  the  coast  and  river  is  laid  down,  as 
well  as  the  island  of  Vancouver  and  the  straits,  with  a  striking  degree 
of  accuracy  for  that  early  period,  and  proving  incontestibly  that  this  river, 
which  is  found  on  no  previous  map  or  chart,  was  then  explored  and  mapped. 
The  Spanish  government,  in  1802,  printed  at  Madrid,  by  royal  order,  a 
work  entitled  "  Viage  del  Sutil  Mexicana,  en  1792,"  which  says,  (p.  157:) 
"  September  4,  17i)2 — We  found  the  shape  of  the  land  in  sight  to  con- 
form with  that  of  a  plat  of  survey  made  by  the  active  American  navigator, 
Gray,  of  the  river  which  he  called  Columbia,  after  the  name  of  the  ship 
which  lie  commanded."  Ingraham  inserted  a  chart  of  the  coast  in  his 
journal,  (vol.  iv,  p.  206,)  under  date  October,  1792,  and  says — "Every 
part  of  the  coast  south  of  cape  Flattery  and  Pintardo  sound,  are  from 
Captain  Gray's  information."  The  Columbia  river  is  laid  down  for  several 
miles  from  its  mouth.  There  is  abundant  evidence  that  these  purchases, 
designed  to  establish  permanent  .settlements  upon  the  lands  thus  discovered, 
explored  and  purchased — were  taken  possession  of  in  the  name  of  the  Uni- 
ted States.  Mr.  Barrell,  in  his  first  proposition,  conceived  the  idea  of  a 
valuable  acquisition  to  the  country,  and  at  the  same  time  of  a  trading 
establishment  of  great  importance.  As  soon  as  he  learned  from  Captain 
Kendrick  that  these  purchases  had  been  made,  lie  opened  a  correspondence 
with  a  prominent  house  in  London,  through  whom  he  endeavored  to  pro- 


▼ 


11 


[  335  ] 


breakers, 
v'c  found 
acts  from 
gress,  1st 
.  47-8-9, 
om  wliich 
ailcs,  and 

'OLUMBIA, 

h  Meaj-es 

the  south, 

'  16,"  we 

to  a  bet- 

mployed. 

t  went  on 

north  side 

)vernment 

ons  of  the 

listing  the 

:s  under  a 


in  which 
the  dates 
se  entries 
[liscovery. 
3rs  of  the 
er  at  last 
s  indebted 

nap  of  the 
ibia,  bear- 
down,  as 
ng  degree 
this  river, 
1  mapped. 
I  order,  a 
(p.  157:) 
it  to  con- 
navigator, 
f  the  ship 
ast  in  his 
-"  Every 
are  from 
or  several 
purchases, 
iscovered, 
f  the  Uni- 
idea  of  a 
a  trading 
n  Captain 
spondence 
•d  to  pro- 


cure emigrants  from  all  the  nations  of  Europe,  rather  than  to  draw  uj)on 
the  more  sjjarcc  po))ulalion  of  this  then  infant  republic. 

Caj)tain  Kencirick,  in  his  letter  to  Hon.  ThoiiAas  Jefferson,  Secretary  of 
State,  enclosing  the  deeds  and  seeking  the  pi'otection  of  government  for  the 
SL'Curity  of  the  rights  thereby  acquired,  makes  allusion  to  some  future  set- 
tlement, and  to  the  benefits  resulting  to  the  Union  from  possessions  on  the 
coast.  ]3ut  the  accidental  death  of  Ca})tain  Kendrick  (see  Jarvis's  History 
ot  SfUidwich  Islands,  p.  166)  by  the  premature  discharge  of  a  national 
salute,  and  the  entire  loss  of  the  vessel  with  her  cargo  while  under  the  com- 
mand ol  his  clerk,  stiuck  a  deathblow  to  these  hopes.  The  projectors  of 
this  daring  enterprise  beheld  others  availing  thciuselves  of  the  results  of  the 
exploration  made  by  their  capital  and  at  the  risk  of  their  lives,  and  aided 
by  the  example  they  had  been  the  first  to  set,  reaping  rich  returns,  while 
they  themselves  lost  all  they  had  invested  (save  these  purchases*of  lands 
then  of  unknown  value,)  and  were  disap})ointed  in  their  long-indulged  pros- 
pects of  success. 

Ca})tain  Robert  Gray  dieil  soon  after,  leaving  his  widow  and  four  daugh- 
ters, who  have  supported  themselves  by  their  own  exertions.  The  origi- 
nator of  the  enterprise  and  the  principal  owners  are  believed  to  have  died 
insolvent. 

The  disastrous  result  of  the  Astoria  settlement  upon  the  Columbia  river, 
a  few  years  after,  so  afTected  the  commercial  world  that  no  inducement 
could  encourage  the  survivors  of  the  owners  or  the  heirs  of  the  deceased  to 
migrate  thither,  but  they  have  never  ceased  to  implore  the  government  to 
extend  v.s  protection  to  their  claims.  Among  the  letters  submitted  to  your 
committee  is  one  from  Charles  Biilfu.u'.,  who  was  the  last  survivor  of  the 
original  owners,  addressed  to  his  f  oi.s,  Febru:iry  19,  1830,  in  which  he 
says  that  be  has  flattered  himself  that  if  a  settlement  or  colony  was  estab- 
lished on  Coliunbia  river,  government  would  make  a  grant  of  land  in  con- 
sideration of  theii-  being  the  first  discoverers,  and  having  opened  to  the 
country  a  very  lucrative  commerce,  of  which  they  had  not  profited.  That 
upon  consultation  with  one  of  the  sons  of  Joseph  Barrell,  they  agreed  to  go 
togethei'  to  Mr.  Rush,  who  had  just  returned  home,  and  not  being  in  the 
aduunistration,  could  give  them  an  ullbiassed  opinion.  That  Mr.  Rush 
was  of  opinion  that  any  body  of  adventurers  or  colony  who  should  settle  on 
the  north  bank  of  that  river  would  be  driven  off,  or  be  obliged,  to  submit  to 
the  jurisdiction  of  England.  That  after  much  consideration  he  suggested 
that  the  best  chance  of  obtaining  any  atlvantage  from  the  claim  would  be, 
that  Congress  should  condition  that  m  any  treaty  ot  b.)undary  the  rights  of 
original  purchasers  should  be  recognized  ;  ami  from  I  he  general  liberality 
of  the  British  government  he  presumed  they  would  do  so. 

The  claimants  have  from  time  to  time  petitioned  Congress  for  a  recogni- 
tion of  their  rights,  and  for  some  reward  for  their  sacrifices  in  making  these 
discoveries.  A  bill  was  rejmrted  in  the  House  ilaring  the  thirtietii  Con- 
gress, granting  ten  sectior.s  of  land  in  the  territory  of  Oregon  to  the  widow 
(if  Robert  Gray,  upon  her  separate  application,  but  it  never  became  a  law. 
(Mr.  Brodhead's  Report,  No.  602,  I](3th  Congress,  1st  session.) 

The  services  of  Captain  Robert  Gray,  however  meritorious,  could  nevei; 
have  been  rendered  to  the  country  had  it  not  been  for  the  remarkable  saga- 
city, bold  enterprise,  and  large  investments  of  Joseph  Barrell  f.nd  his 
associates. 

The  government  of  the  United  States  always  claimed  title  to  the  coast 


[335] 


12 


from  the  forty-second  degree  to  54°  40'  north  parallel,  embracing  the  y*st 
and  valuable  territory  drained  and  watered  by  the  river  and  its  branches. 
It  held  in  the  Department  of  State  the  copies  of  the  deeds  from  the  native 
chiefs,  and  the  letter  which  enclosed  them,  from  Captain  Kendrick,  who 
desired  to  secure  the  property  in  the  lands  to  his  owners,  through  himself, 
and  the  jurisdiction  thereof  to  the  United  States.  During  the  administra- 
tion of  President  Jefferson  an  expedition  was  fitted  out  by  the  Executive 
under  Lewis  and  Clark,  to  explore  the  section  of  country  which  these 
claimants  had  previously  discovered,  and  a  portion  of  which  they  claimed 
to  have  purchased  and  taken  into  formal  possession. 

The  annual  messages  of  our  Presidents,  Monroe  and  Adams,  recommended 
Congress  to  turn  their  attention  to  "  our  coasts  along  many  degrees  of  lati- 
tude upon  the  shore  of  the  Pacific  ocean."  Mr.  Adams,  in  his  message  to 
the  nineteenth  Congress,  says : 

■  "  The  river  of  the  west  first  fully  discovered  and  navigated  by  a  countryman  ef  our  own, 

:  I  still  bears  the  narae  of  the  ship  in  which  he  ascended  its  waters,  and  claims  the  protection  of 

our  national  flag  at  its  mouth." 

A  private  correspondence  between  the  government  and  the  surviving 
owners  in  1816  and  1817,  was  filed  with  the  memorial,  ((j.) 

Tne  Department  of  State  has  likewise  had  possession  of  the  journals  of 
Captain  Ingraham,  who  was  upon  the  coast  during  the  years  these  events 
took  place,  and  who  confirms  their  history.     Scarcely  has  there  been  held 
a  session  of  Congress  since  that  period,  but  in  it  some  report  has  been  made 
»  which  referred  for  our  title  to  this  discovery  and  claim.     Messrs.  Gallatin 

arid  Rush  most  firmly  maintained  this  at  the  court  of  St.  James,  in  1818, 
(American  State  Papers,  vol.  iv. ;  Foreign  Relations,  vol.  iv.,  p.  381 ;)  and 
again,  in  182o-'6  (see  British  and  Foreign  State  Papers,  pp.  499,  509 ; 
Wheaton's  Elements  of  International  Law,  part  ii._,  chap.  4.) 

By  the  treaty  of  1846  the  government  of  the  United  States  for  the  sake 
of  peace,  and  v,o  avoid  a  war  involving  an  expenditure  of  millions  of  money 
and  the  sacrifice  of  the  lives  of  thousands  of  its  citizens,  relinquished  to 
Great  Britain  the  jorisdiction  and  the  soil  of  some  three  hundred  miles  of 
territory  claimed  by  the  former  on  tl\e  Pacific  coast. 

In  concluding  this  treaty  it  was  of  course  never  supposed  that  the  rights 
of  any  American  citizen  claiming  an  interest  in  the  t^'rritory  thus  yielded  to 
the  British  crown,  were  put  in  jeopardy.  While  the  treaty,  however,  con- 
firmed to  British  subjects  residing  on  that  portion  of  the  territory  which  was 
confirmed  to  the  United  States,  their  possessory  rights  to  their  lands,  no  such 
provision  was  made  in  favor  of  American  citizens  claiming  rights  north  of  the 
divisional  line  established  by  the  treaty.  Asi  to  the  portion  of  country  lying 
north  of  the  forty-ninth  parallel  of  latitmle,  and  embracing  also  the  whole 
of  Vancouver's  island,  the  jurisdiction  and  title  has  passed  to  Great  Britain, 
and  whatever  might  be  the  views  of  this  government  in  regard  to  a  recog- 
nition of  the  claimant's  interest,  either  legal  or  equitable,  to  the  land  theri'in 
covered  by  the  Indian  deeds,  there  remains  no  power  in  this  government  to 
confirm  the  title.  But  vithin  the  portion  of  country  retained  by  and  con- 
firmed to  the  United  Scates  by  the  treaty,  there  remains  about  two  degrees 
of  latitude  by  four  of  longitude  covered  by  these  (purchases,  as  claimed  in 
the  memorial  to  have  been  made  of  the  native  chiefis  in  1791,  and  as  appears 
to  be  sustained  by  affidavits  respecting  the  deeds  which  are  lost,  admitted 
by  the  English  navigators  and  authors  of  tliat  early  day,  and  repeatedly 


i 


i   i 


13 


[335] 


the  y*st 
branches, 
he  native 
rick,  who 
1  himself, 
ministra- 
Ixecutive 
ich  these 
y  claimed 

mmended 
es  of  lati- 
lessage  to 


ef  our  own, 
trotection  of 


survivmg 

Durnals  of 
;se  events 
been  held 
)een  made 
.  Gallatin 
,  in  1818, 
381 ;)  and 
199,  509 ; 

'  the  sake 
of  money 
[uished  to 
1  miles  of 

the  rights 
yielded  to 
aver,  con- 
vhich  was 
s,  no  such 
»rthof  the 
itry  lying 
he  whole 
t  Britain, 
»  a  reco^- 
id  therein 
•nraent  to 
and  con- 
3  degrees 
laimeil  in 
s  appears 
admitted 
^peatedly 


referred  to  in  the  public  documents  and  reports  to  Congress.     The  memo- 
rialists ask  to  have  the  title  to  this  tract  of  land  confirmed  to  them. 

The  purchase  of  lands  of  the  Indians,  by  individuals,  was  at  an  early 
(lay  prohibited  by  the  authorities  of  the  British  nation  within  the  region 
claimed  to  be  subject  to  her  jurisdiction.  In  1783  a  proclamation  was 
issued  by  the  American  Congress,  prohibiting  all  such  purchases  of  land 
without  the  limits  or  jurisdiction  of  any  particular  State,  without  the 
express  authority  of  Congress,  and  declaring  every  such  unauthorized 
purchase  void.  This  prohibition  evidently  had  relation  to  purchases  in  the 
Indian  country  lying  within  the  boundaries  of  the  United  States,  but  beyond 
the  limits  of  organized  States.  The  region  of  the  Pacific  coast  could  not, 
at  that  time,  have  been  within  the  contemplation  of  Congress  in  this  pro- 
clamation. It  was  then  in  effect  a  foreign  as  well  as  an  unexplored  country 
It  is  true  that  some  of  the  original  grants  of  land  made  by  Great  Britain  on 
the  Atlantic  side  of  the  continent,  were  specified  to  run  westwardly  to  the 
"great  South  sea,"  yet  these  grantors  had  neither  jurisdiction  nor  know- 
ledge of  the  immense  country  between  the  Mississippi  and  Pacific  coast, 
and  xt  the  time  of  its  first  exploration  Spain  had  jurisdiction  and  posses- 
sion admitted  by  all  parties  of  the  extensive  valley  of  the  Mississippi, 
stretching  from  the  Gulf  of  Mexico  to  the  latitude  of  the  northern  lakes. 
This  broad  extent  of  country,  long  held  in  uninterrupted  possession  by 
Spain,  effectually  divided  the  jurisdictional  limits  ot  the  United  States  from 
that  unknown  territory  beyond.  It  was  not  until  after  the  discoveries  of 
the  coast  on  the  Pacific  side  of  the  continent,  and  the  incipient  establish- 
ment of  stations  for  the  fur  trade  and  the  cession  of  the  dividing  region  of 
Louisiana  to  the  United  States,  that  explorations  were  ordered,  the  right 
to  the  country  claimed,  and  jurisdiction  asserted  and  maintained  by  our 
owr:  government. 

It  may  well  bo  doubled,  then,  whether  the  proclamation  of  Congress 
})roliibiting  purchases  of  the  Indians,  can  be  regarded  in  any  sense  as  apply- 
ing to  purchases  made  on  the  Pacific  coast  at  the  time  of  the  visit  of  the 
Columbia  and  the  Washington  to  that  region.  It  would  seem  more  in 
accordance  with  the  truth  to  regard  that  country  as  new  and  unexplored 
ami  unappropriated  by  civilized  man.  Approached  only  by  the  ocean,  it 
shculd  be  regarded  like  the  islands  of  the  Pacific,  subject  to  discovery  and 
possession  by  the  new  coiners,  whose  rights  as  between  diflferent  claimants 
and  in  regard  to  the  uncivilized  native  inhabitants,  should  be  those  which 
peitain  to  the  recognized  laws  of  newly  discovered  lands. 

The  principles  relative  to  such  new  discoveries,  it  is  believed,  are  well  set- 
tled in  the  code  of  civilized  nations.  The  citizen  of  any  coiuitry  first  tak- 
ing' possession,  does  so  in  the  name  of  his  nation,  and  the  juilsdiction  ot 
the  countiy,  with  the  exclusive  light  to  the  soil,  subject  to  the  possessory 
right  of  the  natives,  invests  in  the  government  of  him  who  first  asserts  and 
maintains  possession.  The  right  to  extinguish  t'.e  possessory  title  of  the 
natives  does  not  rest  in  the  individual  discoverer,  but  in  his  government, 
and  a  purchase  thus  nidde  by  him  of  tlu-  natives  would,  it  is  conceived, 
give  no  title  as  against  his  government,  >inless  made  with  the  previous  con- 
sent of  the  latter,  or  subsequently  confirmed  by  the  proper  authorities  of  his 
nation. 

If  this  view  of  the  subject  be  correct,  it  follows,  that  the  owners  of  the 
two  vessels  acquire  no  title  in  the  land  by  their  purchase  of  the  Indian 
chiefs.     It  docs  not  fi-dow,  however,  that  they  are  the  less  entitled  to  the 


:  -535  ] 


14 


m 


1  • 


coiisidrTHlion  of  llicir  ^nvcrnmcnl  for  the  benefit  bestowed  on  the  latter  by 
the  iicjioliiitioii  iinil  piiicliase.  On  the  contrary  sncli  services  attended  with 
siidi  i)eneficial  results,  at  the  instance  and  cost  of  the  indivi(hial  citizen, 
woidd  seem  to  present  a  strf)ntij  claim  in  his  beiialf  to  the  consideration  of 
his  t^overruiH'nt. 

The  mere  discovery  ol  a  (  ountry  inhabited  only  by  savages  is  not  alone 
sudicient  to  secure  an  a|t]n()j)riation  of  it  by  the  nation  in  whose  name  the 
discovery  is  made.  If  no  actual  jiossession  is  taken,  or  a  mere  nominal 
jiossession,  (ollowcd  by  an  immediate  abandonment,  is  all  that  can  be  claimed, 
other  nations  may  take  possession  by  settlement  and  actual  continued 
occupancy  and  colonization  may  become  the  rifjjhtful  owners.  In  deciding 
on  the  strenjvth  of  the  claim  ot  a  civilized  nation  in  such  case,  every  cir- 
cumstance \\hich  relates  to  the  discovery,  the  possession,  the  settlement  and 
the  continued  claim  of  lioht  are  reji'arded  as  important.  And  the  relations 
established  with  the  native  chiefs  and  inhabitants  of  the  country,  especially 
where  the  consent  of  the  latter  to  the  establishment  of  colonies,  the  proffer 
of  amicable  and  exclusive  riohts  of  tralhc,  and  the  s:;rant"of  lands  for  pur- 
pose of  settlement  camiot  be  disreo-arded.  It  is  diflicult  to  conceive  of  a 
slroniivr  circumstance  in  estaldishing  our  national  right  to  the  country, 
than  that  which  is  exhibited  by  the  facts  connected  with  this  purchase,  and 
the  oft-repeated  admoriition  of  the  natives  to  the  adventurers  of  other  na- 
tions declaring  the  rights  ot  the  Americjjn  navigator  l)y  solemn  compact 
ami  grant  to  the  tetiitory  and  the  kind  relations  established  between  them 
and  the  chiefs. 

The  value  of  tlie  discoveries  made  by  these  vessels  to  the  American 
people  n\ust  not  be  oviM'looked  or  lightly  estt'cmed. 

The  intrt>pid  and  nobh'  marini'rs  who  first  left  our  ports  and  doubled  the 
cape,  in  ciimpli.iui'i'  with  their  instructions  from  the  merchant-owners,  not 
to  stop  at  any  porf  ot'the  western  coast  known  to  the  European  world,  un- 
less driven  t!ier(>  l>y  some  unavoidable  accident,  merit  the  highest  tribute  ot 
n-'ijicci  which  can  be  paid  to  their  memories.  Whilst  other  nations  were 
tilting  o\\\  iheir  i(\val  shins,  commanded  by  ofHcers  ot  liigh  naval  rank, 
commissioned  b\  IimiIs  o(  admiralty,  and  sustained  at  honie  by  the  royal 
treasury,  wi>  behold  these  Innnble  men,  inspired  by  the  ambition  which 
burned  in  tlu>  Amerii'an  breast  in  the  infancy  of  our  repuldic.  sailing  forth 
in  >^hips  named  in  honov  of  the  discoverer  of  our  continent  and  of  the  father 
of  our  liberties,  and  bearing  tor  their  sia-letter  George  Washington's  re- 
{juest  to  the  t-mperors  and  potentates  of  the  worhl,  that  they  would  receive 
them  M'ith  kindness  and  in  a  becoming  maimer,  and  thereby  he  would  con- 
siilt  r  liimsilf  under  much  oMiiration. 

Captain  .lohu  Kendrick  and  Robert  Gray  each  found  an  early  grave,  and 
tiieir  children  and  widow  now  appeal  to  our  sympathies  tor  some  testis  .ial 
ot  their  sci  vices.  The  ledger  o['  the  owners  shows  tlie  items  of  the  oriixi- 
nal  invoice  to  the  amount  of  upwards  o\  i'7,000.  Let  to  this  be  addt-d 
the  cost  of  the  vessels  and  outfit,  with  interest — which  also  proved  to  be  a 
total  loss  to  the  owners — the  aofgregate  would  be  tlic  pecuniary  amount  ex- 
pended by  the  claimants. 

The  ciMvunittee  do  not  torcet  that,  in  the  discussions  which  have  hereto- 
fore betn*  had  on  the  subject  oi  the  American  title  to  tliv  Oregon  country, 
tlie  riiiht  lias  n  t  been  rested  exclusively  on  -liscovery  and  possession  l>y 
Americans.  The  early  Spanisli  navigators— the  first  to  sail  along  the  coast 
AvA  to  plant  the  cross  and  the  stamlard  of  tlieir  countrv  on  its  shores,  in 


f 


1 


15 


[  333  ] 


latter  by 
'nrled  with 
al  citizen, 
leration  ot' 

not  aloni! 

name  the 
"e  nominal 
»e  claimed, 
continued 
n  decidinji 
every  cir- 
ement  and 

relations 

especially 

the  ])rofrer 

s  for  })ur- 

ceiA'e  of  a 

country, 

chase,  and 

other  na- 

i  compact 

veen  them 

American 

nihlcd  the 
vvners,  not 
ivorld,  un- 

tribute  at 
ions  were 
ival   rank, 

the  royal 
ion  which 
ling  tbrtli 
the  tathcv 
Eton's  re- 
lid  receive 
■ould  con- 

rrave,  anil 
I'sti  .1  .ial 
the  iM'iiri. 

he  addfd 
m1  to  be  a 
nount  ex- 

"0  hereto- 
country, 

fusion  l>v 
the  coas't 

dioies.  in 


tlie  name  of  their  sovereign — were  also  invoked  as  witnesses  of  the  right  of 
Spain  to  the  territoi'y;   which  rights  were,  by  the  treaty  of  1S19,  tianferred 
to  this  nation.     IJut,  in  all  these  discussions,  reliance  has  not  been  placed 
exclusively  on  this  ground.     The  historical  incidents,  to  which  relerence  is 
made  in  the  report,  have  also  unifoindy,  although  to  their  full  extent,  been 
adduced  in  proof  of  the  title  of  our  nation  to  the  country  on  the  western 
portion  of  this  continent.     The  discovery  of  Captain  Gray,  followed,  as  it 
was,  in  a  reasonable  time  with  tlie  explorations  of  j^ewis  and  Clark,  in  1803, 
upon  the  recommendation  of  President  JelFerson,  and  by  the  settlements  on 
the  banks  of  the  river,  in  1811,  called   Fort  George,  or  Astoria,   which 
having  been  taken  by  the  "Racoon"  during  the  war  with  Great  Britain, 
was  subsequently,  on  the  Gth  day  of  October,  1818,  restored,  in  conformity 
with  the  first  article  of  the  treaty  of  Ghent,  as  a  territory,  place  and  pos- 
session taken  from  us,  is  at  least  as  strong  a  title  to  the  Oregon  country  as 
that  by  which  distant  territories  are  usually  held  by  civilized  nations.     If 
to  these  the  character  and   objects  of  the  American  navigators  are  added  ; 
the  amicable  relations  between  them  and  the   acknowledged  chiefs  of  the 
country  ;  the  grants  to  them  of  lands  of  large  extent,  and  the'r  occupation 
of  it,  it  mj.y  well  be  doubted  whether  even  Spain  herself  could  exhibit  a 
better  claim,  founded  on  her  intercom se  with  the  region,  than  that  which  is 
made  out,  under  the  principles  of  international   law,  by  the  acts  of  these 
enterprising  American  explorers.     From  a  careful  review  of  the  history  of 
these  discoveries  and  possessions,  scattered  as  it  is  in  detached  portions 
through  volumes  relating  only  incidentally  to  the  subject,  and  in  the  jour- 
nals of  the  navigators  of  other  countries — and  in  manuscripts  to  which  the 
reading  public  have  no  access,  we  can  scarcely  retrain  from  the  exclama- 
tion that  the  value  of  the  services  of  these  men  has  never  yet  been  duly 
appreciated  by  their  country.     Tliey  have  done  enough   to  secure  to  the 
nation  the  extensive  and  rich  region  v.^ashed   by  the  Oregon,  and  looking 
out  on  the  Pacific,  riow  just  beginning  to  be  whitened  by  the  sails  of  all 
commercial  nations  on  the  globe.     Fame  has  scarcely  deigned  to  notice 
their  nobk-  enterprise  ;   and  pecuniary  compensation  has  rewarded  neither 
them  nor  their  children.     The  toil,  the  hazard,  the  loss  was  tfieirs ;   the 
fiuit  of  all  was  not  for  the  toilers— it  was  thrown  into  the  lap  of  their 
country.     The  appeal  of  their  surviving  representatives  is  made  to  that 
couHtry  for  a  recognition — small  though  it  may  be — for  a  recognition  of 
their  services  and  their  merits. 

The  conunittee  could  not  of  course,  in  any  ordinary  case,  recommend  a 
comjxnsation  "  to  be  given  for  services  in  connection  with  the  early  explo- 
rations or  settlement  of  the  newer  portion  of  our  wide-extended  domain. 
The  services  in  the  case  under  consideration  are,  howevei',  ol  so  peculiar  a 
character  that  they  believe  the  government  owes  it  to  the  uierits  of  these, 
men  and  their  services,  to  depart  from  the  general  rule  and  to  make  them 
some  compensation  in  land,  in  the  region  where  their  services  were  per- 
formed and  where  the  puichases  were  made  of  the  native  Qhiefs.  They 
therefore  herewith  re})()rt  a  bill  giving  to  the  widow  of  Captain  Gray,  and 
to  (he  children  of  Captain  Ivendrick,  and  each  of  the  owners  oi  the  two 
exploring  vessels  live  sections  of  land.  This  snuill  giant,  although  in- 
significant in  ])ecuniary  value,  may  yet  adnrd  a  solace  in  the  declining 
years  of  some  of  the  petitioners,  while  it  will  j)rove  to  them  all,  tliat  time 
has  not  obliterated  from  the  memory  of  their  cuundy  the  worth  and  iho 
services  of  their  ileparted  relatives. 


J 


[335] 


16 


Ui 


m 


APPENDIX. 


A. 


Orders  given  Captain  John  Kendrick,  of  the  ship  Columbia,  for  a  voyage 

to  the  Pacific  ocean. 

Sir  :  The  ship  Columbia  and  sloop  Washington  being  completely  equipped 
for  a  voyage  to  the  Pacific  ocean  and  China,  we  place  such  confidence  in 
you  as  to  give  you  the  entire  command  of  this  enterprise.  It  would  be 
impossible  upon  a  voyage  of  this  nature  to  give  with  propriety  very  bind- 
ii)g  instructions,  and  such  is  our  reliance  on  your  honor,  integrity  and  good 
conduct,  that  it  would  be  needless  at  any  time.  You  will  be  on  the  spot, 
and  as  circumstances  turn  up  you  must  improve  them ;  but  we  cannot  for- 
bear to  impress  on  your  mind  our  wish  and  expectation  that  the  most  invio- 
lable harmony  and  friendship  may  be  cultivated  between  you  and  the 
natives,  and  that  no  advantages  may  be  taken  of  them  in  trading,  but  that 
you  endeavo'"  by  honest  conduct  to  impress  ujion  their  minds  a  friendship 
ic-  Americans.  **##**» 

If  -you  make  any  fort  or  improvement  of  land  upon  the  coast,  be  sure 
you  purchase  the  soil  of  the  natives,  and  it  would  not  be  amiss  if  you  pur- 
chased some  advantageous  tract  oi  land  in  the  name  of  the  owners,  if  you 
should  let  the  instrument  of  conveyance  bear  every  authentic  mark  the 
circumstances  will  admit  of.  *  *  *  You  will  constantly 

bear  in  mind  that  no  trade  is  to  be  al^wed  on  the  coast,  on  any  pretence 
whatever,  but  for  the  benefit  of  the  owners.  #  *  *  You 

are  strictly  enjoined  not  to  touch  at  any  part  of  the  Spanish  dominions  on 
the  western  continent  of  America,  unless  driven  there  by  some  unavoidable 
accident,  in  which  case  you  will  stay  no  longer  than  is  absolutely  neces- 
sary, and  while  there  be  careful  to  give  no  offence  to  any  of  the  subjects 
of  his  Catholic  Majesty,  and  if  you  meet  with  any  subjects  of  any 
European  prince,  you  are  to  treat  them  with  frieni!"=!hip  and  civility. 

The  certificiUe  you  have  from  the  French  and  Dutch  consuls  you  will 
make  use  of  if  you  meet  with  any  ships  of  those  nations,  and  you  will 
pay  them  every  lespect  that  is  due  to  them. 

The  sea  lette;  s  from  Congress  and  this  State  you  Avill  also  show  on  every 
proper  occasion  :  and  although  we  expect  you  will  treat  all  nations  with 
respect  and  civility,  yet -we  depend  you  will  suffer  insult  and  injury  from 
none  without  showing  that  spirit  which  will  ever  become  a  free  and  inde- 
pendent American. 


\ 


'4 

I 
I 


i.^ 


^or 


a  voyage 


Jly  equipped 
onfidence  in 
It  would  be 
''  very  bind- 
ty  and  good 
on  the  spot, 
cannot  for- 
most  invio- 
ou  and  the 
ig,  but  that 
a  friendship 

ast,  be  sure 
if  you  pur- 
lers, if  you 
R  mark  the 
constantly 
ly  pretence 
*  .  .  You 
)minions  on 
inavoidable 
tely  neces- 
he  subjects 
cts  of  any 

■p. 

is  you  will 
id  you  will 

vv  on  every 
itions  with 
njury  from 

AlfD  INDE- 


i 


17  [335] 

UNITED  STATES  OF  AMEUiCA. 

D  E  P  A  R  T  M  E  N  j.'    ( »  F    STAT  E  . 

To  all  to  whom  these  presents  ahnll  come,  greeting : 

I  certify,  that  the  papers  hereunto  attached  are  true  copies  of  papers  on 
file  in  this  department.  ' 

In  testimony  whereof,  1,  James  Buchanan,  Secretary  of  Stale  of  the 
I-  T     United  States,  have  hereunto  subscribed   ray   name,  and  caused 

'-         'J     the  seal  of  the  department  to  be  ailixed. 

Done  at  the  city  of  Washington,  this  9th  day  of  February,  A.  D.  1849, 
and  of  the  independence  of  the  United  States  of  America*  the  seventy- 
third. 

*•  JAMES  BUCHANAN. 


On  JJo ard  the  Sfiip  Lauy  VVasuington', 

Harbor  of  Maw-win-na,  St.  Clair's  Island, 
' JVnrtli-ivest  coast  of  Jhnerica. 

Sir  :  I  have  the  lienor  to  address  you  on  a  subject  which  I  conceive  the 
honor  of  I  he  goveriiinent  of  the  United  States  to  be  interested  in,  and  the 
following  relation  of  which  I  request  you  to  lay  before  the  President,  hoping 
that  in  his  humanity  the  oppigrssed  will  find  a  protector,  and  by  the  repre- 
sentations he,  iii  his  wisdom,  may  direct  to  be  made  to  the  court  of  Madrid, 
the  unfortunate  may  be  relieved. 

In  the  year  1787,  an  expedition  under  my  command  was  fitted  out  from 
Boston,  for  prosecuting  the  fur  trade  on  the  north-west  const  of  America, 
and,  after  doubling  (/ape  Horn  in  a  very  tempestuous  season,  my  ship,  the 
Columbia,  was  considerably  disabled,  and  1  was  i:i  great  want  of  both 
water  and  wood.  My  tender,  the  Washington  sloop,  had  parted  company 
with  me  ofl'  the  cape,  and  I  had  no  other  alternative  than  repairing  to  some 
of  the  Spanish  settlements  in  the  South  Pacific  ocean,  for  the  purpose  of 
refitting  my  vessel  and  procuring  some  necessary  supplies.  I  therefore  bore 
away^  for  the  Island  of  Juan  Fernandez  and  arrived  in  Cumberland  bay  the 
34th  of  May,  1788.  We  were  immediately  visited  by  a  Spwnish  boat  with 
two  officers  in  it ;  and  on  their  return,  my  first  officer,  Mr.  Ingraham,  was 
sent  on  shore  to  request  permission  to  ar.jhor  and  continue  there  a  few 
days,  which  the  governor,  Don  Bias  Oiuzalez:,  major  in  the  cavalry  of  his 
Catholic  Majesty,  very  humanely  granted,  making  such  stipulations  with 
respect  to  the  term  of.  oi;;-  continuance  at, the  island,  and  the  conduct  to  be 
observed  during  that  period  as  evinced  him  to  be  a  cautious,  vigilant  and 
prudent  officer.  Our  communication  was  through  the  medium  of  the  French 
language,  imperfectly  understood  by  both  parties,  until  the  28th  following, 
Avhen  a  Spanish  ship  arrived  olF  the  bay  to  receive  the  governor's  despatches 
for  Chili,  on  board  of  which  was  a  Frenchman,  who  was  sent  on  shore  for 
the  purpose  of  more  fully  examining  our  passports,  &c.  A  copy  of  my 
sea-letter  bom  the  Congress  of  the  United  States,  and  the  olficial  letter  of 
the  Sieur  TEtombe,  consul  of  France  for  the  States  of  Massachusetts,  &^:., 
Rep.— 2 


M 


I 


n 


\\ 


L 


PI 


I    r 


[  335  ]  18 

were  given  the  governor,  and  on  the  tlay  of  my  intended  (leparture  I  re- 
ceived from  him  the  letter,  of  which  the  enclosed  is  a  copy,  three  days 
after  the  date  of  which,  being  detained  the  intermediat(*  time  by  a  gale  of 
wind,  I  proceeded  on  my  voyage  to  this  coast. 

In  consequence  of  the  abuse  of  power  by  his  catholic  Majesty's  servants 
in  his  American  governments,  or  by  an  untrue  and  malicious  statement  of 
the  facts  by  some  secret  enemies,  Don  Bias  Gonzalez  has  been  deprived  of 
his  employments  and  treated  with  considerable  rigor  and  injustice  ;  and  the 
only  crime  imputed  to  him  i.?  his  humane  conduct  towards  me  and  my  crew 
in  1788 — a  conduct  which  d).d  honor  to  him  as  a  man,  and  was,  I  conceive, 
perfectly  consistent  with  the  amity  and  good  understanding  subsisting  be- 
tween the  court  of  Madrid  and  the  United  States.  But  the  affair  will  be 
best  explained  in  his  own  words  in  a  letter  to  my  son,  who  touched  at 
Valparaiso,  in  Chili,  in  the  ship  Jefferson,  Captain  Roberts,  of  Boston,  in 
June,  1792,  and  who  communicated  the  first  intelligence  of  it  to  me. 

[Extract.]  * 

"  No  se  sabra  N.  Md.  como  desde  que  se  supo  en  esta  que  yo  havid 
dado  hospitaledad  a  dho  su  padre,  se  me  desposa  tiel  gobierno  por  esta 
Capitania  General  por  und  equivocada  intelligencia  que  se  formo  sobre  a 
quel  sueceso;  y  que  aunqiie  el  rey,  mi  sefior,  aprovo  la  conducta  que  ob- 
serve entonces,  con  toda  hasta,  ahora  estoi  padeciendo  las  resultas,  por  la 
suma  distancia  en  que  por  mi  desgracia,  me  tiene  constituido  la  suente  de 
este  remoto  destino  ;  no  obstante  de  las  diligenzasempenosas  9e  he  practi- 
cada  pd.  vindica,  me  arreglada  conducta ;  y  de  haver  escrits  k  Monsieur 
I'Etombe,  consul  de  Francia  en  Boston,  y  u  dho  su  padre,  paraque  me 
fiivoreciessen  en  lo  que  buenamente  pudiesscm :  cuyas  resultas  ignore,  por 
no  saben  si  recibieron  mis  cartas. 

'*Si  N.  Md.  Gusta  de  Escibirles  asociado  de  su  capstan,  sobre  este  par- 
ticular, y  recomendarme  pd.  que  me  protexan,  se  lo  estimaria  mucho  : 
encuyo  caso  puede  N.  Md.  Entregarlas  Cartas  al  Cavallero  Don  Manuel 
Porrasia,  necino  de  esse  puerto,  y  portade  de  este,  que  es  amigo  de  todo 
mi  confianza."     (Santiago  de  Chili,  20  de  Junio,  de  1792. 

In  consequence  of  the  requst  made  by  Don  Bias  Gonzalez,  Captain  Roberts 
and  my  son  wrote  the  owners  of  the  Columbia  and  Jefferson,  requesting 
them  to  make  such  a  representation  to  the  United  States  as  they  pointed  out. 
As  they  appear  to  have  mistaken  the  contents  of  the  letter  from  Don  Bias, 
I  have  done  myself  the  honor  of  offering  you  the  foregoing  statement  of 
facts ;  and  as  hjg  doubtless  rendered  me  those  servicei,  for  which,  in  the  sea 
letter,  the  United  States  declare  they  shall  *'  stand  willing  indebted,"  I 
hope  the  affair  will  have  proper  attention  paid  to  it.  I  have  now  only  to 
request,  very  earnestly,  that  any  mode  of  proceeding  which  may  be  adopted 
for  the  relief  of  Don  Bias  Gonzalez,  may  be  executed  with  all  convenient 
expedition.  I  need  not  use  any  persuasive  arguments  to  interest  the  officers 
of  the  government  of  the  United  States  in  behalf  of  the  unfortunate  gentle- 
man who  has  been  the  subject  of  this  letter  ;  as  the  principles  of  our  excel- 
lent constitution  as  well  as  their  native  humanity,  must  render  them  enemies 
of  oppression. 

I  have  [he  honor  to  be,  with  the  utmost  deference  and  esteem,  honorable 
sir,  yovir  most  obedient  and  most  humble  servant, 

JOHN  HENDRICK. 

Hon.  Thomas  Jefferson, 

Secretary  for  the  JJtpartment  of  State. 


19 


[335] 


'parture  I  re- 
y,  three  days 
;  f>y  a  gale  of 

ity's  servants 
stHleruent  of 
1  deprived  of 
ice  ;  and  the 
and  my  crew 
',  I  conceive, 
ubsisting  be- 
affair  will  be 
0  touched  at 
»f  Boston,  in 
to  me. 

iue  yo  havid 
no  por  esta 
rmo  sobre  a 
eta  que  ob- 
Liltas,  por  Ja 
a  suente  de 
B  he  practi- 
a  Monsieur 
paraque  me 
ignojo,  por 

e  este  par- 
ria  mucho  : 
'on  Manuel 
go  de  todo 

ain  Roberts 
requesting 

mnted  out. 
Don  Bias, 

tatement  of 
in  the  sea 

Jebted,"  I 

nv  only  to 

be  adopted 

convenient 

he  officers 

ite  gentle- 

our  excel- 
in  enemies 

honorable 

HICK. 


Don  Bias  Gonzalez,  scirgento  tnayo  de  cavalleria  de  los  exercitos  de  su 
magestad,  y  governado  politico  y  militar  de  esla  jjjaza  i:  islas  df  Juan 
Fernandez : 

Certifico,  que  haviendo  arribado  a  este  pucrto  el  Capitan  Juan  Kendrick, 
de  la  nacion  Bo.stoneza,  en  la  fragata  de  su  mando  nornbrada  la  Columbia, 
con  tres  oficiales  subalternos,  y  trienta  seiz  hombres  de  tripulacion  de  la 
propria  nacion,  comicionado  por  su  republica  a  viajar  por  todo  el  mundo,  el 
veinte  y  quatro  de  mayo  proximo  pasado,  a  pedirnie  la  hospitalidad,  expo- 
niendome  para  ello  los  por  el  Aermino  de  seis  dias,  de  cuya  determinacion 
di  parte  iil  Excellentissimo  Senor  Vir,  rey  de  Peru,  y  a,  la  capitania  general 
del  reyno  de  Chili;  haviendoee  delenido  quatro  dias  mas  de  los  concedidos, 
por  la  razon  de  lo.s  muchos  Aquaceros,  que  mediaron ;  sin  dar  la  menor 
nota,  assi  los  enunciatios  oficiales,  como  la  demas  fripulacion,  ni  flaltar  a  lo 
mas  minimo  de  quanto  tstipularon  con  migo,  antes  de  permitules  la  entrada 
en  este  puerto  ;  y  para  que  conste  doi  la  presente  a  pedimento  de  dicho 
Capitan  J.  Kendrick,  en  esta  isla  de  Juan  Fernandez,  a  tres  dias  del  raes 
de  Junio,  de  mil,  setecientos,  ochenta  y  ocho  anos. 

BLAS  GONZALEZ. 


Pout  Independence,  on  the  Island  of  Honv.  Kong, 

March  1,  nm. 

Sir:  I  have  the  honor  of  enclosing  to  you  the  co])its  of  several  deeds  by 
which  the  tracts  of  land  therein  described,  situated  on  ifilar^ds  on  'he  north- 
west coast  of  America  have  been  conveyed  to  tne  anrl  ni}'  heirs  forever  by 
the  resident  chiefis  of  those  districts,  who  1  pr.'-'sume  were  the  only  just  pro- 
prietors thereof.  I  know  not  what  measures  are  necessary  to  be  taken  to 
secure  the  property  of  these  purchases  to  me,  and  the  governnunt  thereof 
to  the  United  States;  but  it  cannot  be  amiss  to  transmit  them  to  you,  to 
remain  in  the  office  of  the  Department  of  State.  My  claim  t»  those  terri- 
tories has  been  allowed  by  the  Sj)anish  crown  ;  for  the  purchases  I  made  at 
Nootka  were  expressly  excepted  in  a  deed  of  conveyance  of  the  lands  adja- 
cent to  and  surrounding  Nootka  sound,  executed  in  September  last,  to  El 
Senor  Don  Juan  Francisco  de  la  Bod  ga  y  Quadsa,  in  behalf  of  his  Catho- 
lic Majesty,  by  Maquinnah  and  the  other  chiefs  of  his  tribe,  lo  whom  those 
lands  belonged. 

When  1  made  these  purchases  I  diil  it  under  an  impression  that  it  would 
receive  the  sanction  of  the  United  States,  and  that  should  an  act  of  the 
legislature  be  necessary  to  secure  them  to  me,  1  should  find  no  difHcully  in 
obtaining  it.  The  future  commercial  advantages  which  may  arise  from  the 
fur  trade,  besides  many  other  branches  which  are  daily  opening  to  the  view 
of  those  who  visit  the  northwest  American  coast,  may  perhaps  render  a 
settlement  there  worthy  the  attention  of  some  associated  company  under 
the  protection  of  govermnent.  Should  this  be  the  case,  t'he  posse«tsion  of 
lands  previously  and  so  fairly  acquire!,  would  much  assist  in  canying  the 
plan  into  effect.  Many  good  purposes  may  be  effected  by  the  I'nion  having 
possessions  on  that  coast,  which  I  shall  not  presume,  sir,  to  point  out  to 


you 


and  the  benefits  which  have  accrued  to  individuals  by  similar  pui- 


w 


[335] 


20 


\m 


11 


chases  to  ihose  I  hdvt;  made  in  our  own  States,  are  too  well  known  to  need 
a  remark. 

I  have  tliL'  honor  to  be,  with  the  utmost  respect  and  esteem,  sir,  your 
very  liurnhie  servant.   - 

JOHN  KENDRICK. 
The  IJon.  Thomas  Jefferson, 

Secretary  for  the  Department  of  State. 

Endorsed  :    Kexdkick,  John — Hong  Kong,  March  1,  1793 — received 
October  24,  covering  several  Indian  deeds. 


To  all  persons  to  v.hom  these  presents  shall  come :  I,  Macquinnah,  the 
chief,  and  with  my  other  chiefs,  do  send  greeting:  Know  ye  that  I,  Mac- 
quiiiruih,  of  Nootka  sound,  on  the  north-west  coast  of  America,  for  and  in 
consideration  of  ten  muskets,  do  grant  and  sell  unto  John  Kendrick,  of 
Boston,  comuKmweallh  of  Massachusetts,  in  North  America,  a  certain  har- 
bor in  said  Nootka  sound,  called  Chastacktoos,  in  which  the  brigantinci 
Lady  Washington  lay  at  anchor  on  the  twentieth  day  of  July,  1791,  with 
with  all  the  land,  rivers,  creeks,  harbors,  islands,  &c  ,  within  nine  miles 
jiorth,  east,  west  and  south  of  said  harbor,  with  all  the  })roduce  of  both  sea 
and  land  ajipertainiiig  thereto  ;  only  the  said  John  Kendrick  does  grant  and 
allow  the  saiil  Maquinr;ah  to  live  and  hsli  on  the  said  territory  as  usual. 
And  by  these  presents  does  giaiit  and  sell  to  the  said  John  Kendrick,  his 
heirs,  e>a'cut0is  and  administrators,  all  the  abovementioned  territory,  known 
by  the  Indian  name  Chastacktoos,  but  now  by  the  name  of  the  Safe  Retreat 
harbor;  and  also  do  grant  and  sell  to  the  said  John  Kendrick,  his  heirs, 
executors  and  administrators,  a  free  passage  through  all  the  rivers  and  pas- 
sages, with  ail  the  outlets  which  lead  to  and  from  the  said  Nootka  sound, 
of  whicdi,  by  the  signing  these  presents,  1  have  delivered  unto  the  said  John 
Kendrick.  Signed  with  my  own  hand  and  the  other  chiefs',  and  bearing 
even  date,  to  have  and  to  hold  the  said  pi  luises,  &c.,  to  him,  the  said 
John  Kendiick,  his  heirs,  executors,  anil  administrators,  from  henceforth 
and  forever,  as  his  property  absolutely,  without  any  other  consideration 
whatever. 

In  witness  whereof  i  have  hereunto  set  my  hand  and  the  hands  of  my 
other  chiefs,  this  twentieth  day  of  July,  one  thousand  seven  hundred  and 
nmety-one. 

MACQUINNAH,  his  X  mark.  [l.  s.] 

WARCLASMAN,  his  x  mark.  [l.  s.] 

HANNOPY,  his  x  mark.  [l.  s.] 

CLOPHANANISH,  his  x  mark.  [l.  s.] 

TARTOOCHTHEEATTICUS,  his  x  mark.  [l.  s.] 

CLACKOEENEH,  his  x  mark.  [l.  s.] 


t 


I 


■1 miv.Hi 


nown  to  need 
em,  sir,  your 
NDRICK. 


33 — received 


}uinnah,  the 
liiat  I,  Mac- 
I,  for  and  in 
iendrick,  of 
certain  hai- 
'  brigantine 

1791,  with 
1  nine  miles 
of  both  sea 
's  grant  and 
y  as  usual . 
indrick,  his 
ory,  known 
^fe  Retreat 
his  heirs, 
rs  and  pas- 

tkji  sound, 
!  said  John 
nd  bearing 
»5  the  said 
henceforth 
isideration 

ids  of  my 
ndred  and 

[l.  s.] 
[l.  s.] 
[l.  s.J 
[l.  s.] 
[l.  s.] 
[l.  s.] 


^ 


21 


Signed,  sealed  and  delivered  in  presence  of- 
JoHN  Stoddard. 
John  Redman. 
Thomas  Foster. 
William  Bowles. 
.   John  Maud,  Jr. 
Florence  McCarthv. 
John  Porter. 
James  Crawford. 
Robert  Green. 
John  Barber. 

A  true  copy  from  the  original  deed. 

Attest : 


[  335 


J.  HOWEL. 


To  all  people  to  whom  these  presents  shall  come  :  I,  Norry  Youk,  the 
chief,  with  iny  other  chiefs,  do  send  greeting:  Know  ye  that  I,  Norry 
Youk,  of  Ahasset,  on  the  north-west  coast  of  America,  for  and  in  consid- 
eration of  six  muskets,  a  boat's  sail,  a  quantity  of  powder  and  an  Amer- 
ican flag,  by  the  fri:'e  consent  of  the  other  chiefs  concerned,  rlo  bargain, 
grant  and  sell  unto  John  Kendrick,  of  Boston,  commonwealth  of  Massa- 
chusetts, in  North  America,  a  certain  harbor  in  said  Ahasset,  called  by  the 
natives  Chenerkintau,  in  which  the  brig  Lady  Washington  lay  at  anchor 
on  the  fifth  day  of  August,  1791,  which  is  situated  in  latitude  40°  50' 
north,  and  longitude  1^7°  08'  west,  on  the  north  side  of  the  Sound  of 
Ahasset,  being  a  territorial  distance  of  eighteen  miles  square,  of  which  the 
harbor  of  Chenerkintau  is  the  centre,  with  all  the  lanrjs,  mines,  minerals, 
rivers,  bays,  harbors,  sounds,  creeks  and  all  islands,  with  all  the  produce 
of  both  land  and  sea  ;  and  by  these  presents,  do  grant  and  sell  to  the  said' 
John  Kendrick,  his  heirs,  executors  and  administrators,  all  the  above  men- 
tioned territory,  known  hy  the  name  of  Ahasset,  and  the  harbor  by  the 
Indian  name  of  Chenerkintau,  but  now  by  the  name  of  Kendricks'  harbor: 
and  also,  do  grant  and  sell  to  the  said  John  Kendrick,  his  heirs,  executors 
and  administrators,  a  free  pass  through  all  the  rivers  and  passag(^,  with  all 
the  outlets  which  lead  to  and  from  the  said  territory,  of  which  tue  signing 
these  presents  I  have  delivered  unto  the  said  John  Kendrick,  signed  with 
my  own  hand  anil  the  other  chiets,  to  have  and  to  hohl  the  said  territoi'ial 
premises,  &c.,  to  him,  the  saifl  John  Kendrick,  his  heirs,  executors  and 
atlministrators,  from  henceforth  and  forever,  as  his  property  absolutely, 
without  any  other  emolument  or  consideration  whatever. 

In  witness  hereof,  I  have  hereunto  set  my  l>and  and  the  hands  of  my  other 
chiefs,  I  his  ffth  day  of  August,  one  thousand  seven  hundreil  and  ninety- 
one. 

NORRY-YOUK,  his  x  mark.  [l.  s.] 

APPULS,  his  X  mark.  [l.  s.] 

KISSULS,  his  x  mark.  [l.  s.J 

][AW.WEfTPARSUM,  his  x  mark.  [l.  s.J 
Signed  l:»y  Norry- Youk  for  his  son. 


ii» 


V 


I  335  ] 


2& 


:■  I' 

Mi 


IS 


Signed,  sealed  and  delivered  in  the  presence  of  us- 
JoHN  Williams, 
John  Redman, 
William  Bo\vf:ll, 
Jno.  Stoddard, 
William  Bowles, 
Robert  Green, 
John  Barber, 
John  Porter. 

A  true  copy  from  the  original  deed. 

Attest : 


J.  HOWELL. 


To  all  people  to  whom  these  presents  shall  come :  J,  Wickananish,  chief 
of  Clyoquot,  with  my  other  chiefs,  do  send  greeting :  Know  ye,  that  I, 
Wickananish,  of  Clyoquot,  on  the  north-west  coast  of  America,  with  my 
own  free  will  and  consent,  and  the  consent  of  ray  other  chiefs,  for  the  con- 
sideration of  four  musketsj  a  large  sail,  and  a  quantity  of  powder,  (they 
heing  articles  which  w^e  at  present  stand  in  need  of,  and  are  of  great  value,) 
do  bargain,  grant  and  sell  unto  John  Kendrick,  of  Boston,  commonwealth 
of  Massachusetts,  in  North  America,  a  territorial  distance  of  eighteen  miles 
north,  eighteen  miles  south,  eighteen  miles  east  and  eighteen  miles  west  of 
the  village  called  by  the  natives  Opisita,  which  village  is  to  be  the  centre  of 
the  said  territorial  distance,  with  all  the  lands,  mines,  minerals,  rivers,  bays, 
sounds,  harbors,  creeks,  &c.,  and  all  the  islands,  with  both  the  produce  of 
land  and  sea  within  the  limits  of  said  territorial  distance.  Opisita  being 
the  centre,  is  situated  in  latitude  49^  10'  north,  and  longitude  126^  02'  west 
from  the  meridian  of  London.  And  by  these  presents,  do  grant  and  sell 
unto  the  said  John  Kendrick,  his  heirs,  executors,  administrators  and  as- 
signs, all  the  above  mentioned  territory,  known  by  the  name  of  Clyoquot; 
and  also  do  grant  and  sell  unto  the  said  John  Kendrick,  his  heirs,  execu- 
tors, administrators  or  assigns,  a  free  pass  through  all  the  rivers,  passages, 
&c.,  with  all  the  outlets  which  lead  to  and  from  said  territory  ;  of  which 
the  signing  of  these  presents,  I  have  delivered  unto  the  said  John  Kendrick. 
Signed  with  my  own  hand,  and  the  hands  of  my  other  chiefs,  to  have 
and  to  hold  the  said  territorial  distance,  &.C.,  to  him,  the  said  John  Ken- 
drick, his  heirs,  executors,  administrators  or  assigns,  from  henceforth  and 
forever,  as  his  property  absolutely,  without  any  emolument  or  consideration 
whatever. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  the  hands  of  my 
other  chiefs,  this  eleventh  day  of  August,  one  thousand  seven  hundred  and 
tliirty-one. 

WICKANANISH,  his  x  mark.  [l.  s.] 

TOOTEESCOZITTLE,  his  x  mark.  [l.  s.] 

TARTOOTCHTHEEATTICUS,  his  x  mark.  [l.  s.] 
TEASSLAUR,  his  x  mark.  [l.  s.] 

TACKQULIN,'his  x  mark.  [l.  s.] 

HYEREQUIS,  his  x  mark.  [l.  s.] 


WELL. 


nish,  chief 
re,  that  I, 
,  with  my 
r  the  con- 
fler,  (they 

at  value,) 
lonwealth 
teen  miles 
?s  west  of 

centre  of 
ers,  bays, 
roduce  of 
jita  being 

02'  west 

and  sell 
I  and  as- 
/lyoquot ; 
s,  execu- 
passages, 
of  which 
"endrick. 

to  have 
hn  Ken- 
)rth  and 
deration 

s  of  my 
Ired  and 

L.  S.] 
L.  S.J 

L,.  S.J 
'^.  S.J 
:,.  S.J 

..s.] 


.0 

i 


i 


23 


Signed,  sealed  and  delivere<l  in  the  presence  of  us- 
JoHN  Williams. 
John  Redman. 
William  Bowell. 
.John  Stoddard. 
Thomas  Foster. 
John  Barber. 
James  Crawford. 
Charles  Byrw. 
Florence  McCarthy. 
William  Bowles. 
John  Mand,  jr. 
Robert  Green. 

A  true  copy  from  the  original  deed. 

Attest : 


[335] 


J.  HOWELL. 


To  all  people  to  whom  these  presents  shall  corae  :  I,  Tarassoin,  the  chief, 
with  my  other  chiefs,  do  send  greeting :  Know  ye  that  I,  Tarassom,  of  New 
Chatleck,  on  the  northwest  coast  of  America,  for  and  in  consideration 
of  two  muskets,  a  boat's  sail  and  a  quantity  of  powder,  by  the  free  consent 
of  my  other  chiefs  concerned,  do  bargain,  grant  and  sell  unto  John  Kendrick, 
of  Boston,  commonwealth  of  Massachusetts  in  North  America,  a  certain 
harbor  in  said  New  Chatleck  called  by  the  natives  Hoot-see-ess,  but  now 
called  Port  Montgomery,  in  which  the  brig  Lady  W^ashington  lay  at  anchor 
on  the  second  day  of  August,  1791,  and  is  situated  in  latitude  49°  46' 
north  and  longitude  127°  02'  west,  on  the  south  side  of  the  sound  of  Ahasset, 
and  now  called  Massachusetts  sound,  being  a  territorial  distance  of  eighteen 
miles  square  of  which  the  harbor  of  Hoot-see-ess,  alias  Port  Montgomery 
is  the  centre,  with  all  the  lands,  mines,  minerals,  rivers,  bays,  sounds, 
harbors,  creeks  and  islands,  with  all  the  produce  of  both  sea  and  land  ap- 
pertaining thereto ;  and  by  these  presents  do  grant  and  sell  to  the  said 
John  Kendrick,  his  heirs,  executors,  administrators  or  assigns,  all  the  above- 
mentioned  territory  known  by  the  names  of  New  Chatleck  and  Hoot-see-ess, 
now  by  the  names  of  Massachusetts  sound  and  Port  Montgomery  ;  and  also 
do  grant  and  sell  to  the  said  John  Kendrick,  his  heirs,  executors,  administra- 
tors or  assigns,  a  iree  pass  through  all  the  rivers  and  passages,  with  all  the 
outlets  which  learl  to  and  from  said  territory,  of  which  the  signing  of  these 
presents,  I  have  delivered  unto  the  said  John  Kendrick  signed  with  ray  own 
name  and  the  names  of  my  other  chiefs,  to  have  and  to  hold  the  said  terri- 
tories, provinces,  &c.,  to  him  the  said  John  Kendrick,  his  heirs,  executors, 
administrators  or  assigns  from  henceforth  and  forever,  as  his  property  abso- 
lutely, without  any  other  emoluments  or  considerations  whatever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  the  hands  of 
other  chiefs  this  fifth  day  of  August,   one  thousand  seven  hundred 


my 
and 


ninety-one. 


TARASSOM,  his  x  mark. 

WACKLIMMIS,  his  x  mark. 
Signed  by  Tarassom,  for  his  first  son. 

QUANTENO,  his  x  mark. 

CLAKISHUPPA,  his  x  ma 
Signed  by  Tarassom,  for  his  second  son 


L.  s. 
L.  s. 
L.  S. 

L.  S. 


rk.    Tl.  s. 
son.  [l.  s. 


] 


[335] 


24 


Signed,  sealed  ahd  delivered  in  presence  of- 

JoHN  Williams, 
John  Redman, 
William  Bow^ell, 
Jno.  Stoddard, 
Thomas  Foster, 
Robert  Green, 
James  Crawford, 
Florece  McCarthy, 
John  Maitd,  jr., 
William  Bowles, 
Charles  Byrn. 


A  true  copy  of  the  original 


deed. 
Attest : 


J.  HOWELL. 


To  all  people  to  whom  these  presents  shall  come :  I,  Caarshucornook, 
the  chief,  and  the  under  chiefs,  do  send  t^reeting :  Know  ye,  that  I,  Caar- 
shucornook,  of  the  Tashees,  at  the  head  of  Nootka  sound,  on  the  north- 
west coast  of  America,  for  and  ir  consideration  of  two  musktts  and  a 
quantity  of  powder,  by  the  free  consent  of  the  other  chiefs,  do  bargain, 
grant  and  .sell  unto  John  Kendrick,  of  Boston,  commonwealth  of  Massa- 
chusetts, in  Norlh  America,  the  head  of  Nootka  sound,  called  by  the  natives 
Tashees,  being  a  territorial  distance,  on  an  east  and  west  line  from  the 
mouth  of  the  straits  which  lead  to  Ahasset  sound,  now  called  Massachu- 
setts sound,  with  the  land  nine  miles  round  said  Tashees,  together  with  all 
mines,  minerals,  rivers,  bays,  sounds,  creeks,  harbors,  and  all  islands,  with 
the  produce  of  both  sea  and  land  appertaining  thereto  ;  and  by  these  pre- 
sents do  grant  and  sell  unto  the  said  John  Ivendrick,  his  heirs,  executors, 
administrators  and  assigns,  all  the  above  mentioned  territory  known  by  the 
Indian  name  Tashees ;  and  also  do  grant  and  sell  to  the  said  John  Ken- 
drick, his  heirs,  executors,  administrators  or  a.ssigns,  a  free  passage  through 
all  the  passages  and  rivers,  with  all  the  outlets  which  lead  to  and  from  said 
Tashees,  of  which  the  signing  these  presents,  I  have  delivered  unto  the 
said  John  Kendrick.  Signed  with  my  own  hand  and  the  hands  ot  my 
other  chiefs,  to  liave  and  to  hold  the  said  territorial  distance,  &c.,  to  him, 
the  said  John  Kendrick,  his  heirs,  executors,  administrators  or  assigns, 
from  henceforth  and  forever,  as  his  property  absolutely,  without  any  other 
emolument  or  consideration  whatever. 

In  witness  hereof  I  have  hereunto  set  lay  hand  and  the  hands  of  my 
other  chief,  this  sixth  day  of  August,  one  thousand  seven  hundred  and 
ninety-one. 

CAARSHUCORNOOK,  his  x  mark.     [l.  s.] 

IIANNOPY,  his  x  mark.  [l.  s.] 


25 

Signed,  sealed  and  delivered  in  presence  oi- 

JoiiN  Williams, 
John  Redman, 
William  Bov^tell, 
Jno.  Stoddard, 
-  Thomas  Foster, 
James  Crawford, 
John  Maud,  jr., 
Kobert  Green, 
William  Bowles, 
John  Barber. 


[  335  ] 


A  true  copy  fiom  the  original  deed 


Attest : 


J.  HOWELL. 


C— 1. 

I,  Ebenczrr  Dorr,  of  Roxbuiy,  in  the  Commonwealth  ot  Massachusetts, 
aged  seventy-six  years,  on  oath  depose  and  say,  that  on  the  I7th  of  Sep- 
tember, in  the  year  17*J0,  I  left  Boston  as  supercargo  in  the  brig  Hope, 
commanded  by  Captain  Joseph  Ingraham,  John  Crult  being  the  chief  ofH- 
cer,  and  entered  Clyoquot  harbor  on  the  northwest  coast,  on  the  'i'Sd  of 
July,  1791,  as  appears  by  my  private  journal.  In  the  beginning  of  Sep- 
tember, in  the  year  17i)j,  we  left  the  coast  for  (/hina,  and  arrived  at  Ma- 
cao early  in  the  year  1792.  The  brig  Lady  Washington,  commanded  by 
Captain  John  Kendrick,  was  lying  in  Lark's  bay,  near  Macao. 

I  had  a  personal  and  intimate  acquaintance  with  Captain  Kendrick,  and 
wliile  in  Lark's  bay,  was  frequently  on  board  his  vessel.  In  some  of  my 
visits  I  recollect  lo  have  seen,  inspected  and  read  several  deeds  executed 
by  Indians  on  (he  northwest  coast,  to  Captain  John  Kendrick.  I  believe 
that  the  names  of  Maguinna  and  Wickaninish,  w^ere  affixed  to  some  of  the 
deeds,  and    there    were  other  names,  and   there   were   crosses. 

I  recollect  that  luskets  and  clothing,  and  that  copper  and  knives  and 
chisels,  and  many  other  articles,  were  named  in  the  deeds  as  having  been 
paid  as  the  consideration  of  said  deeds.  I  heard  Kendrick  remark  that  he 
had  on  board  one  thousand  prime  otter  skins ;  he  told  me  that  he  had  other 
furs  of  (litFerent  qualities,  and  also  that  he  had  some  beaver.  I  had  con- 
siderable conversation  with  him  from  time  (o  time,  relative  to  the  disposi- 
tion of  tills  jiroperty  for  the  benefit  of  the  owners,  but  I  declined  having 
anything  to  do  with  it. 

In  my  second  voyage,  which  was  in  the  years  1795  and  1790,  I  wa  sat 
Macao,  and  it  was  the  current  rejjort,  at  that  time,  that  an  Englishman  by 
the  name  of  Howell,  after  the  accidental  death  of  Captain  John  Kendrick, 
at  the  Sandwich  Ishmds,  took  possession  of  the  Lady  Washington,  her 
paj)ers  and  cargo,  and  proceeded  with  them  to  Macao.  The  vessel  was 
afterwards  cast  away  in  the  Straits  of  Malacca,  whilst  under  command  of 
said  Howell.     It  is  not  known  what  disposition  was  made  of  the  cargo. 

I  recollect  Captain  Kendrick's  speaking  to  me  of  a  certain  deed  of  a 
tract  of  land,  being  in  a  s(|uare,  taken  of  the  Indians  by  Kendrick  for  the 
owners  of  the   vessels,   Columbia  and  Washington  :  and   I    recollect   his 


[335] 


36 


telling  me  what  a  fine  tract  it  was,  that  a  pile  of  stones  was  raised  up  and 
trees  marked,  near  the  head  of  navigation  of  a  river,  and  that  one  side 
of  said  square  extended  eight  day's  journey  from  that  point  down  the  river 
and  that  the  square  was  bounded  eight  day's  journey  on  each  side,  one  side 
of  which  was  a  river.  I  cannot  positively  say,  but  believe  I  have  seen 
this  deed.  It  was  generally  understood,  when  I  was  at  Macao,  the  second 
voyagi,  that  this  and  the  other  deeds  were  in  the  possession  of  Howell. 

EBENEZER  DORR. 


Commonwealth  of  Massachusetts,   } 
JVorfolk  county,  \ 

RoxBUftY,  JVovember  16,  1839. 

Then  personally  appeared  Ebenezer  Dorr,  above  mentioned,  and  made 
oath  to  the  truth  of  the  foregoing  statement  by  him  signed,  according  to 
the  best  of  his  knowledge  and  belief,  before  me, 

JOHN  J.  CLARKE, 
Justice  of  the  Peace. 


C— 2. 

I,  John  Cruft,  of  Boston,  in  the  commonwealth  of  Massachusetts,  aged 
'  seventy-one  years,  on  oath  depose  and  say,  that  in  September  of  the  year 
seventeen  hundred  and  ninety,  I  sailed  as  chief  officer  in  the  brig  Hope, 
commanded  by  Captain  Joseph  Ingraham,  on  a  trading  voyage  to  the  north- 
west coast,  where  she  arrived  in  the  latter  part  of  June,  A.  D.  1791  ;  we 
left  the  northwest  coast  in  October  or  November  following  for  the  Sand- 
wich Islands.  Thence  we  sailed  for  Macao,  where  we  arrived  sometime  in 
January,  1792,  to  the  best  of  my  knowledge,  and  found  Captain  John 
Kendrick  in  the  brig  Lady^Washington,  lying  iUj  Lark's  bay,  about  five 
leagues  from  Macao.  After  being  about  a  month  and  a  half  in  the  bay,  I 
went  aboard  Kendrick's  vessel,  the  Lady  Washington,  an  chief  officer,  where 
I  continued  about  seven  months.  While  on  board  the  Lady  Washington, 
I  saw  a  number  of  deeds,  executed  by  Indians  on  the  northwest  coast  to 
Captain  John  Kendrick.  I  remember  the  names  of  Maquinna  and  Wick- 
aninish  to  some  of  the  deeds,  and  there  were  several  other  names,  and  I 
recollect  crosses  or  marks  opposite  the  names.  I  recollect  the  names,  a  nil 
was  personally  acquainted  wit'i  several  of  the  witnesses  of  the  deeds,  to 
wit,  John  Williams,  chief  officer  of  the  Lady  Washington,  John  Redman, 
the  second  oflScer,  John  Stoddard,  captain's  clerk,  W"  "am  Bowell,  the 
third  officer,  Thomas  Foster,  carpenter,  .John  Barber,  the  olacksmith,  James 
Crawford,  gunner,  William  Bowles,  sail-maker,  said  Bowles  afterwards 
married  my  sister,)  Robert  Gresn,  cooper,  and  John  Porter,  carpenter's 
mate.  I  had  the  deeds  in  my  own  hands  several  times ;  I  read  the  deeds,  and 
recollect  the  consideration  named  in  the  deeds  consisted  of  muskets,  cloth 
and  articles  of  trade. 

JOHN  CRUFT. 

Witness:  M.  Crupt. 


27 


[335] 


ss. 


Commonwealth  of  Massachusetts,    | 

Suffolk  county,  \  ""  Mvember  18,  1839. 

Then  personally  appeared,  the  above  named  John  Cruft,  and  made  oath 
that  the  foregoing  statement  by  him  signed  is  true,  before  me, 

G.  S.  BULFINCH, 
Justice  of  the  Peacu. 


C— 3. 

^  To  whom  it  may  concern. 

TowAiHAE,  Hawah,  June  26, 1835. 
^  I,  the  subscriber,  in  the  year  A.  D.  1789,  commenced  a  residence  on  the 
Sandwich  Islands.  Afterwards,  in  Kearakekua,  on  the  island  of  Hawaii, 
I  became  acquainted  with  Captain  .lohn  Kendrick,  who  commanded  the 
schooner  Washington  from  Boston,  Massachusetts,  he  having  passed  several 
winters  at  the  above  island,  I  heard  Captain  Kendrick  often  speak  of  the 
purchases  of  lands,  which  he  said  he  had  made  from  Indian  chiefs  on  the 
north-west  coast.  I  frequently  saw  deeds  in  his  possession,  signed  by 
chiefs,  who  at  that  time  lived  at  and  south  of  Nootka  sound  and  witnessed 
by  men  belonging  to  his  yessel,  of  whom  I  had  some  knowledge.  Among 
the  chiefs  whose  marks  were  made  to  the  deeds,  I  distinctly  recollect  the 
names  of  Maquinna  and  Wickaninish. 

I  had  much  intimate  acquaintance  with  Captain  Kendrick,  and  believed 
him  to  be  a  man  ot  strict  veracity,  and  had  no  reason  to  doubt  his  having 
made  the  above  purchases,  and  his  having  paid,  as  he  represented  a  consid- 
eration at  that  time  satisfactory  to  the  chiefs  who  had  given  the  deeds. 

JNO.  YOUNG. 
Signed  in  the  presence  of — 

Henry  A.  Pierce,  Boston,  U.  S. 

Hall  J.  Kellv. 

John  Young  is  mentioned  in  Stewart's  visit  to  the  South  Seas,  vol.  ii, 
page  167. 

"The  Governor  of  Maui,  the  princess,  with  Miss  Young,  a  bosom  com- 
panion, daughter  of  John  Young  of  Hawaii,  the  oMest  foreign  resident  at 
the  island,  &c." 


C-4. 

^  Boston,  October  30,  1838. 
Samuel  Yendell,  of  the  city  of  i^oston,  in  the  commonwealth  of  Massa- 
chusetts, aged  sixty-nine  years,  does  on  oath  testify  and  declare,  that  in 
•the  years  of  our  Lord  one  thousand  seven  hundred  and  ninety-one  and 
one  thousand  seven  hundred  and  ninety-two,  I  was  on  board  the  ship  Co- 
lumbia, Captain  Robert  Gray,  in  a  voyage  to  the  north-west  coast.  While 
at  Clyoquot,  on  that  coast,  in  the  village  Wickaninish,  I  heard  it  often  said 


[335] 


28 


that  the  Indian  chief  Wickaninish  had  sold  to  Captain  John  Kendrick  his 
territory. 

It  was  a  current  report  that  said  Kendrick  had  paid  said  Wickaninish 
in  guns,  clothing  and  copper,  (these  are  all  the  things  I  recollect,)  for  the 
lands  purchased  as  aforesaid. 

Also  I  testify  that  in  May,  A.  D.  1792,  I  was  with  Captain  Robert 
Gray  in  the  ship  Columbia,  at  which  time  said  ship  entered  the  Columbia 
river. 

SAMUEL  YENDELL. 

Witness  to  signature :  Charles  A.  Yendell. 


ss : 


Commonwealth  of  Massachusetts, 

Suffolk  county,  J  "" '  jYovember  1,  1838. 

Sworn  to  by  the  said  Samuel  Yendell,  before  me, 

S.  E.  SEW  ALL, 
Justice  of  the  Peace. 


C— o. 

Boston,  October  30,  1838. 
James  Tremere,  of  the  city  of  Boston,  in  the  commonwealth  of  Massa- 
chusetts, iged  seventy-seven  years,  does  on  oath  testify  and  declare,  that 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  eighty-nine,  I 
was  on  board  the  ship  Jefferson,  Captain  Benjamin  Robinson,  which  sailed 
from  Boston  in  November  of  that  year  in  a  voyage  to  the  northwest  coast 
of  Araeiica,  and  that  while  in  Nootka  Sound  I  saw  there  the  sloop  Wash- 
ington, commanded  by  John  Kendrick  ;  and  that  I  went  on  board  the  said 
Washington,  and  recollect  that  while  I  was  on  board,  I  saw  on  the  deck  of 
said  sloop  the  Indian  chief  Maquinna,  and  other  Indian  chiefs,  making  sale 
of  lands  to  the  said  Captain  John  Kendrick.  I  likewise  saw  Maquinna  ^o 
up  to  the  masthead  and  point  to  distant  parts  of  the  territory,  apparently 
with  the  intention  of  giving  possession  ;  and  he  did  give  possession.  The 
aforesaid  sale  of  territory  was  made  in  the  year  of  our  Lord  1791,  as  near 
rs  I  can  recollect.  The  Spaniards  had  left  Nootka  sound  about  two 
months  before  this  sale.  The  fort  which  the  Spaniards  had  built  had  the 
appearance  of  having  mounted  twenty  guns,  which  a  seventy-four  *gmi 
ship  belonging  to  the  Spaniards  earrieil  away. 

his 
JAMES  >   TREMERE. 


Witness  :  B.  B.  Tremere. 


mark. 


Commonwealth  of  Massachusetts,  \ 

Suffolk  county,  j  **•  Mvemher  J ,  1838. 

Sworn  to  by  the  said  James  Tremere  before  me, 

S.  E.  SEW  ALL, 
Justice  of  the  Peace, 


29 

I). 

Joseph  Barrdl  to  Colhurn  Barrel  I. 


[335] 


June  18,  1795. 

When  I  mentioned  the  large  tract  of  country  on  the  north-west  coast,  I 
(lid  not  expect  much  would  have  been  said  at  present  on  that  account ;  but 
I  will  state  to  you  what  I  know  of  the  matter,  and  I  will  write  Mr.  John 
Hoskins,  who  is  now  in  France,  and  who  has  been  on  the  land,  and  am 
sure  the  accounts  he  will  give  of  the  climate  and  produce  of  it  must  be 
pleasing  to  any  one  that  may  seriously  wish  to  purchase.  The  deeds  of 
these  lands  are  yet  in  China,  where,  1  understand,  they  are  registered  in 
the  office  of  the  American  consul.  They  are  from  the  chief  of  the  country 
and  contain  all  the  authenticity  that  could  be  given  of  four  degrees  of 
latitude,  or  two  hundred  and  forty  miles  square.  'I'his  tract  was  purchased 
by  Captain  John  Kendrick  for  the  owners  of  the  ship  Columbia  and  sloop 
Washington,  the  first  American  vessels  that  ever  went  round  the  world. 
Of  thi»  concern  I  owned  something  more  than  two-seventh  parts,  and  of 
course  am  entitled  to  that  proportion  ot  the  land  ;  the  deeds  of  this  land 
have  been  since  recognized  by  the  natives  upon  the  claim  of  Mr.  Meares. 
Mr.  Hoskins  was  there  on  the  spot,  and  heard  the  chiefs  declare  they  had 
never  sold  any  of  their  lands  but  this  tract  to  Kendrick,  which  they  declared 
they  would  abide  by.  *  *  *  The  Congress  of  the  United  States, 
nor  any  other  power  in  the  world,  that  I  know  of,  claims  any  jurisdiction 
over  them,  and  I  suppose  the  title  as  good  as  can  be  given  by  uncivilized 
people. 


E. 

CircuUr  of  Barre/l  and  Servaiites,  puhluhed  inj'our  European  Imxguugcs, 

and  extensively  circulated. 

London,  Jlugust  o1,  1795. 

Sir  :  We  have  taken  the  liberty  to  address  this  circular  to  your  Excel- 
lency as  a  specimen  of  one  of  our  recent  operations.  We  are  forwarding 
the  same  to  all  parts  of  Europe ;  and  as  the  great  object  of  our  office  and 
manifest  tendency  of  all  our  proceedings  are  to  promote  the  prosperity  of 
the  United  States,  we  assure  ourselves  they  will  meet  yoar  Excellency's 
approbation,  and  are  therefore  encouraged  to  solicit  the  honor  of  your  coun- 
tenance. 

We  are,  with   the  highest  respect,  sir,  your  most  obedient  and  humble 

servants, 

BARRELL  &  SERVANTES. 


TO  THE  INHAIHTANTS  OK   KUROPE. 


The  era  of  reason  is  now  dawning  upon  mankind,  and  the  restraints  on 
men's  laudable  endeavors  to  be  useful  will  cease.     The  agents  for  the  sale 


[335] 


30 


of  American  lands,  therelbre,  take  this  method  of  informing  all  classes  of 
men  in  Europe  that  by  application  at  their  office,  No.  24  Threadneedle 
street,  London,  they  may  meet  objects  worthy  of  their  serious  attention. 
That  such  as  wish  to  hold  lands  (though  aliens)  in  America,  may  purchase 
to  any  amount,  on  very  low  terms,  and  a  perfectly  secure  tenure.      *     * 

That  such  as  may  be  inclined  to  associate  for  settling  a  oommonwealth 
on  their  own  code  of  laws,  on  a  spot  of  the  globe  no  wher«  surpassed  in 
delightful  situation,  healthy  climate  and  fertile  soil,  claimed  by  no  civilized 
nation,  and  purchased  under  a  sacred  treaty  of  amity  and  commerce,  and 
for  a  valuable  consideration,  of  the  friendly  natives,  may  have  the  best  op- 
portunity of  trying  the  result  of  such  an  enterprise.* 


No.  1. 

To  all  emperors,  kings,  sovereign  princes,  states  and  regents,  and  to  their 
respective  officers,  civil  and  military,  and  to  all  others  whom  it  may 
concern  : 


I,  George  Washington,  PreNident  of  the  United  States  of  America,  do  lualte  known  tliat 
Robert  Gray,  captain  of  the  sliip  called  the  Columbia,  of  the  burden  of  about  two  hundred 
and  thirty  tons,  is  a  citizen  of  the  United  States ;  and,  as  I  wish  that  the  said  Robert  Gray 
may  prosper  in  his  lawful  affairs,  I  do  request  of  all  the  before  mentioned,  and  each  of  them, 
separately,  where  the  said  Robert  Gray  shall  arrive  with  his  vessel  and  cargo,  that  they  will 
be  pleased  to  receivo  him  with  kindness  and  treat  hiia  in  a  becoming  manner ;  permitting 
him,  on  the  usual  tolls  and  expenses  iu  passing  and  repassing,  to  navigate,  pass  and  frequent 
their  ports,  passes  and  territories,  to  the  end  that  he  may  transact  his  business  where  and  in 
what  manner  he  shall  judge  proper;  and  thereby  I  shall  consider  myself  obliged. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  affixed  to  these 

,  presents,  and  have  hereunto  sot  my  hand,  at  the  city  of  Now  York,  the  sixteenth 

*■  '  '"'-'  day  of  September,  in  the  vear  of  our  Lord  one  tJiousaiid  seven  hundred  and  ninety. 

G.  WASHINGTON. 


By  the  President : 


TH.  JEFFERSON. 


No.  2. 
COMMONWEALTH  OF  MASSACHUSETTS. 

By  his  excellency  John  Hancock,  Esq.,  governor  of  the  commoivrealth  of 

Massachusetts. 


To  ALL  WUO  SHAIL  9KK  THKMK  PUESENTS — GHKKTING  : 

It  is  hereby  made  known  that  leave  and  permission  has  been  given  by  the  naval  officers 
to  Captai!!  Robert  Gray,  master  and  commander  of  the  ship  Columbia,  iimv  lying  at  Boston, 
within  this  State,  to  depart  from  thence,  and  proceed  with  his  ship  and  cargo  on  a  'voyage 
to  the  nortliwest  coast  of  America ;  and  that  the  said  ship  and  cargo  beloi.g  to  Joseph 
Barren,  e8(iuirc,  and  otiiers,  gentlemen  of  character  and  reputation,  citiiens  of  this  common- 
weajth,  being  one  of  the  thirteen  United  States  of  America. 


•In  consequence  of  an  expedition  fitted  out  at  Boston,  North  America,  in  the  year  1787, 
Captain  J.  Kendrick,  while  juosecuting  a  voyage  with  the  natives  for  furs,  purchased  <*!' 
them,  for  the  owners,  a  tract  of  delightful  country,  comprehending  Ibui  degrees  of  latitude, 
^r  two  hundred  and  forty  miles  square.  The  deeds  are  at  present  in  Cliina,and  registered 
in  the  office  of  the  American  consul,  and  the  agents  are  authorised  to  treat  with  any  gentle- 
man, or  association,  lor  the  purchase  of  a  tract  of  land,  no  where  exceeded  for  fertility  and 
climate.,  and  which  may,  by  a  prudent  management  of  some  wise  institution,  become  of  the 
utmost  importance. 


31 


[335] 


Now,  in  order  that  the  said  masier  may  prosi)or  in  his  lawful  affairs,  it  is  earnestly  request- 
ed and  recommended  to  all  who  may  see  these  presents,  at  whatever  port  and  place  said 
master,  with  his  vessel  and  cargo,  may  arrive,  that  they  would  please  to  receive  him,  the  said 
master,  with  goodness ;  aflbrd  him  all  such  aid  and  assistance  as  he  may  need ;  and  to  treat 
him  in  a  becoming  manner,  permitting  him,  upon  paying  tlie  usual  expenses  in  passing  and 
repassing,  to  pass,  navigate  and  frccpient  the  ports,  passes  and  territories  wherever  ho  may 
be,  to  the  end  that  he  may  transact  his  business  where  and  in  what  manner  he  shall  judge 
proper,  he  keeping  and  causing  to  be  kept  by  his  crew  on  board,  the  marine  ordinances  and 
regulations  of  the  place  where  he  is  trading. 

Given  under  my  hand  and  the  seal  of  the  commonwealth  aforesaid,  this  twenty-fourth  day 
P  -,  of  September,  A.  D.  1790,  and  in  the  fifteenth  year  of  the  independence  of  the 
L»"  8-J  United  States  of  America. 

JOHN  HANCOClv. 

By  his  excelloncv's  command : 

JOHN  AVERY,  Jr.,  Secretary. 


No.  3. 
UNITED  STATES  OF  AMERICA. 

District  of  Boston  and  Charlestown,  in  the  Commonwealth  of  Massachusetts. 

These  certify  all  whom  it  may  concern,  that  Robert  Gray,  master  and  commander  of  the 
ship  Colnmbia,  burden  two  hundred  and  twelve  tons  or  thereabouts,  navigated  with  thirty 
men,  mounted  witli  ten  guns,  has  permission  to  depart  from  this  port  with  the  following  arti- 
cles, viz  :  two  thousand  bricks,  six  clialdrons  sea  coal,  one  hundred  and  thirty-five  barrels 
be*f,  sixty  barrels  pork,  three  hogsheads  N.  E.  rum,  two  liogsheads  W,  I.  ium,  five  hogs- 
heads molasses,  five  barrels  sugar,  ten  boxes  chocolate,  two  hundred  and  twenty-eight 
pounds  coft'ee,  seventy-two  pounds  Bohea  tea,  six  casks  rice,  twenty  barrels  flour,  twenty- 
seven  thousand  pounds  bread,  six  firkins  butter,  five  hundred  pounds  cheese,  thirty  barrels 
tar,  thirteen  barrels  pitch,  thirty  packages  of  merchandise,  six  tons  bar  iron,  twenty  hundred 
bar  load,  fifteen  hundred  pounds  gunpowder,  three  hundred  pounds  small  shot. 

Given  under  our  hands  and  seals  at  Boston  aforesaid,  the  twenty-fifth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety. 

B.  LINCOLN,  Collector.  [t.  s.] 

JAMES  LOVELL,  Naval  Offiecr.  [L.  8.] 


G— 1. 


the 


Boston,  JVovember  28, 1816. 

Sir  :  In  consideration  of  u  desire  expressed  by  the  President,  that  search 
should  be  made  ior  proofs  of  Captain  Kendrick  having  purchased  lands  of 
the  Indians  on  the  north-west  coast  of  America,  I  have  examined  Mr.  Bar- 
rell's  papers,  and  made  inquiry  of  several  persons  who  have  been  on  the 
coast,  all  which  proves  in  the  most  satisfactory  manner  that  Captain  Ken- 
drick did  make  several  purchases  of  the  Indians,  of  lands  on  that  coast  for 
the  owners  of  the  Columbia  and  Washington,  whose  vessels  were  under  his 
command.  Captain  Kendrick's  letters  and  those  of  Mr.  Howell,  who  was 
with  him  until  he  died,  and  who  took  possession  of  all  his  papers,  deeds, 
&c.,  explicitly  declare,  that  Captain  Kendrick  made  several  purchases  of 
lands  from  the  Indians  about  Nootka  sound,  and  for  a  distance  of  four  de- 
grees, and  that  there  were  regular  deeds  drawn  up,  and  signed  by  a  num- 
ber of  Indian  chiefs,  conveying  those  lands  to  the  owners  of  those  vessels. 
These  facts  are  corroborated  by  the  evidence  of  several  persons  now  here^ 
some  of  whom  were  present,  as  they  state,  when  possession  was  given  to 
Captain  Kendrick  by  the  chiefs,  and  who  saw  the  deeds,  and  heard  the  In- 


[335] 


32 


dians  acknowledge  that  they  had  sold  large  tracts  of  lands  to  Captain  Ken- 
drick,  and  afterwards  say,  that  they  Kad  never  sold  lands  to  any  other  per- 
son. The  lands  were  taken  possession  of  with  much  formality,  the  Ameri- 
can flag  hoisted,  a  bottle  sunk  in  the  ground,  &c.,  and  many  chiefs  present 
at  the  ceremony. 

From  a  variety  of  circumstances,  the  deeds  for  the  above  lands  never 
reached  this  place.  Mr.  Howell,  who  had  them  in  his  possession,  after  the 
death  of  Captain  Kendrick,  writes  from  Macao  in  1796,  to  Mr.  Barrell,  in 
reply  to  a  letter  of  Mr.  Barrell,  in  which  he  requests  him  to  send  forward 
the  deeds,  says,  that  he  then  had  the  deeds,  tha  tthey  are  recorded  there  by 
a  notary  public  and  triplicates  made  out,  and  that  the  originals  shall  be  scut 
forward.  As  late  as  May,  1798,  Mr.  Howell  writes  to  Mr.  Barrell  from 
Manilla,  that  "  he  is  in  daily  expectation  of  his  papers,  and  among  them  your 
deeds  of  the  lands  on  the  north-west  coast ;  you  shall  certainly  have  them 
transmitted."  The  officer  of  the  ship  Columbia  who  first  landed,  and  by 
orders  of  his  commander  took  possession  at  Columbia  river  is  now  here, 
and  recollects  all  the  circumstances  of  hoisting  the  American  flag,  and 
planting  some  New  England  pine-tree  shillings  under  a  tree,  naming  the 
river  after  the  ship,  and  the  two  capes,  one  the  Hancock,  the  other  Adams, 
&c.  It  is  believed  that  the  deeds  of  this  land  were  registered  in  the  consu- 
late at  Canton,  as  Colonel  Perkins  thinks  he  saw  them  there  in  the  hands  of 
Mr.  Randall,  vice  consul.  Should  the  government  deem  it  proper  to  make 
furtker  inquiry  into  this  business,  much  evidence  can  be  found  here  to  sub- 
stantiate the  above  statement,  and  the  owners  art  taking  means  to  procure 
from  China  or  from  Bengal,  where  Howell  is  supposed  to  have  died,  the 
original  deed  or  authenticated  copies  of  them ;  they  are  desirous  of  giving 
all  aid  to  the  government.  I  would,  with  due  diffidence,  submit  to  your 
consideration,  whether  the  best  way  to  obtain  well  authenticated  evidence, 
would  not  be  to  require  Judge  Davis  of  this  district,  who  from  his  disposi- 
tion to  make  researches  into  such  things,  is  better  qualified  than  perhaps 
any  person  here  to  make  such  inquiries  as  government  may  think  requisite 
to  be  made;  I  do  not  propose  this  to  avoid  trouble,  feeling  myself  bound 
to  render  any  service  in  my  power.  I  shall  gratefully  receive  your  com- 
mands, being  with  very  high  respect,  your  obedient  servant, 

B.  JOY. 

Hon.  James  Monroe,  Esq. 

Secretary  of  State. 


G— 2. 

Washington,  December  1,  1817. 

Dear  Sir  :  I  shall  deem  it  a  particular  favor  if  you  will  have  the  good- 
ness to  forward  to  me  as  soon  as  you  conveniently  can,  copies  of  the  papers 
relating  to  the  purchase  of  lands  from  the  Indians  on  the  north-west  coast 
of  America,  and  of  the  journal  of  the  vessel,  which  you  were  good  enough 
to  lend  me  for  my  perusal  when  I  had  last  the  pleasure  of  seeing  you  at 
Boston. 

I  am  with  great  respect,  dear  sir,  your  very  obedient  servant, 

JOHN  QUINCY  ADAMS. 

Charles  Bulfincu,  Esq.,  Boston, 


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